2000 Legislation
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SENATE BILL NO. 1358 – Guardianship, incapacitated person


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Daily Data Tracking History

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
      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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1358
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  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 of
 11    mental illness, mental deficiency, physical illness or disability, chronic use
 12    of  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 code Idaho 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-
  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 / Fiscal Impact

                     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