2000 Legislation
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SENATE BILL NO. 1357 – Guardianship, appointment priority


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Daily Data Tracking History

S1357................................................by JUDICIARY AND RULES
GUARDIANSHIP - Amends existing law to revise the order of priority for
appointment as guardian.
02/03    Senate intro - 1st rdg - to printing
02/04    Rpt prt - to Jud
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 33-0-2
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen,
      Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson,
      Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
      Walton, Wheeler, Whitworth, Williams
      Absent and excused--Danielson, Davis
    Floor Sponsor - Darrington
    Title apvd - to House
02/28    House intro - 1st rdg - to Jud
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/29    3rd rdg - PASSED - 67-0-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Geddes, Jaquet, Stone
    Floor Sponsor - Clark
    Title apvd - to Senate
03/30    To enrol - rpt enrol - Pres signed
03/31    Sp signed
04/03    To Governor
04/04    Governor signed
         Session Law Chapter 179
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1357
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  4        CORRECTIONS.
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 15-5-311, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
  8        15-5-311.  WHO  MAY BE GUARDIAN -- PRIORITIES. (a) Any competent person or
  9    a suitable institution may be appointed guardian of an incapacitated person.
 10        (b)  The person preferred by the incapacitated person shall  be  appointed
 11    guardian unless good cause be shown why appointment of such person is contrary
 12    to the best interests of the incapacitated person. If the incapacitated person
 13    is  unable to express a preference, any previous expression, including a dura-
 14    ble power of attorney for health care, may be considered by the court.
 15        (c)  Persons who are not disqualified have  priority  for  appointment  as
 16    guardian in the following order:
 17        (1)  The  person  preferred  by  the incapacitated person. The court shall
 18        always consider the wishes expressed by an incapacitated person as to  who
 19        shall be appointed guardian;
 20        (2)  Tthe spouse of the incapacitated person;
 21        (23)  aAn adult child of the incapacitated person;
 22        (34)  aA  parent of the incapacitated person, including a person nominated
 23        by will or other writing signed by a deceased parent;
 24        (45)  aAny relative of the incapacitated person with whom he  has  resided
 25        for more than six (6) months prior to the filing of the petition;
 26        (56)  aA  person  nominated  by the person who is caring for him or paying
 27        benefits to him;
 28        (6)  the person preferred by the incapacitated  person.  The  court  shall
 29        always  consider the wishes expressed by an incapacitated person as to who
 30        shall be appointed guardian.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                            RS 09760 

Last year, the legislature amended this statute by the addition of subpart b, making it clear that
the wishes of the incapacitated person for appointment of a guardian should be followed unless
there was good cause show otherwise. However, it has become clear that the order of priority in
subpart c must also be changed to carry this out.     Therefore, the bill amends subpart c of the
statute by placing part 6 of subpart c in first position, and moving each of former parts 1 through
5 down one level.  This carries out the intent of the prior amendment. 

                          FISCAL NOTE 

This bill  should have no effect on revenues or expenditures. 

Robert L.  Aldridge 
1209 North Eighth Street Boise, Idaho 83702-4297 
Telephone: office: (208) 336-9880 home: (208) 888-4668
Fax: (208) 336-9882 
e-mail: roberta@micron.net 

                                                  STATEMENT OF PURPOSE/FISCAL NOTE                  S 1357