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S1358................................................by JUDICIARY AND RULES GUARDIANSHIP - Amends existing law to remove mental illness or chronic intoxication to determine whether a guardian is necessary for a person. 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 NAYS--None 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 - Pearce 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 180 Effective: 07/01/00
S1358|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1358 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO GUARDIANSHIP; AMENDING SECTION 15-5-101, IDAHO CODE, TO REVISE THE 3 DEFINITION OF "INCAPACITATED PERSON" AND TO MAKE A TECHNICAL CORRECTION; 4 AND PROVIDING AN EFFECTIVE DATE. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 15-5-101, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 15-5-101. DEFINITIONS AND USE OF TERMS. Unless otherwise apparent from 9 the context, in this code: 10 (a) "Incapacitated person" means any person who is impaired,by reason of11mental illness, mental deficiency, physical illness or disability, chronic use12of drugs, chronic intoxication, or other cause (except by minority), to the 13 extent that he lacks sufficient understanding or capacity to make or communi- 14 cate responsible decisions concerning his person, provided, that the term 15 shall not refer to a developmentally disabled person as defined in section 16 66-402(5), Idaho Code, and provided further that: 17 (1) "Incapacity" means a legal, not a medical disability and shall be 18 measured by function limitations and it shall be construed to mean or 19 refer to any person who has suffered, is suffering, or is likely to suf- 20 fer, substantial harm due to an inability to provide for his personal 21 needs for food, clothing, shelter, health care, or safety, or an inability 22 to manage his or her property or financial affairs; 23 (2) Inability to provide for personal needs or to manage property shall 24 be evidenced by acts or occurrences, or statements which strongly indicate 25 imminent acts or occurrences; material evidence of inability must have 26 occurred within twelve (12) months prior to the filing of the petition for 27 guardianship or conservatorship; 28 (3) Isolated instances of simple negligence or improvidence, lack of 29 resources, or any act, occurrence, or statement, if that act, occurrence, 30 or statement is the product of an informed judgment, shall not constitute 31 evidence of inability to provide for personal needs or to manage property; 32 (4) "Informed judgment" means a choice made by a person who has the abil- 33 ity to make such a choice, and who makes it voluntarily after all relevant 34 information necessary to making the decision has been provided, and who 35 understands that he is free to choose or refuse any alternative available 36 and who clearly indicates or expresses the outcome of his choice; 37 (b) A "protective proceeding" is a proceeding under the provisions of 38 section 15-5-401,of this codeIdaho Code, to determine that a person cannot 39 effectively manage or apply his estate to necessary ends, either because he 40 lacks the ability or is otherwise inconvenienced, or because he is a minor, 41 and to secure administration of his estate by a conservator or other appropri- 42 ate relief; 43 (c) A "protected person" is a minor or other person for whom a conserva- 2 1 tor has been appointed or other protective order has been made; 2 (d) A "ward" is a person for whom a guardian has been appointed. A "minor 3 ward" is a minor for whom a guardian has been appointed solely because of 4 minority. 5 SECTION 2. This act shall be in full force and effect on and after July 6 1, 2000.
STATEMENT OF PURPOSE RS 09733 This bill completes a process in the re-definition of incapacity which was started by the addition of subpart (1) of 15-5-101 (a) two years ago. The intent of this re-definition is to look at functional limitations that a person has, instead of using labels (such as "mental illness" or "chronic intoxication") to determine whether a guardian is necessary for the person. This bill finalizes the process by removing such labels from the definition. The use of functional limitations as the standard is much more realistic in forecasting what needs for assistance a person has, and preserves the rights of the individual to act for himself or herself in areas where the person still has capacity. This is also in line with the changes in the guardianship and conservatorship law in Idaho over the past several years which favor limited or partial or restricted guardianships or conservatorships unless a full unrestricted guardianship or conservatorship is actually needed. FISCAL NOTE This bill should have no effect on revenues or expenditures. It may streamline court procedures and avoid prolonged court battles and thereby lower expenditures. CONTACT: 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 1358