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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 - 2000
IN 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 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-
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