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S1313................................................by JUDICIARY AND RULES GUARDIANSHIP PROCEEDINGS - Adds to and amends existing law to provide for the payment of designated compensation, fees and costs to certain visitors, guardians ad litem, physicians, guardians, temporary guardians, and persons bringing or defending a guardianship proceeding; and to provide for the payment of designated compensation, fees and costs to certain visitors, guardians ad litem, physicians, conservators, special conservators and persons bringing or defending a conservatorship proceeding. 01/22 Senate intro - 1st rdg - to printing 01/23 Rpt prt - to Jud 02/04 Rpt out - rec d/p - to 2nd rdg 02/05 2nd rdg - to 3rd rdg 02/07 3rd rdg - PASSED - 28-0-7 AYES -- Boatright, Branch(Bartlett), Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Little, Lodge, Marley, Noh, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- Andreason, Brandt, Darrington, Keough, King-Barrutia, Richardson, Schroeder Floor Sponsor - Stegner Title apvd - to House 02/08 House intro - 1st rdg - to Jud 03/08 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/12 3rd rdg - PASSED - 66-1-3 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Collins, Crow, Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Wheeler, Wood, Young, Mr. Speaker NAYS -- Clark Absent and excused -- Deal, Pischner, Trail Floor Sponsor - Smith(23) Title apvd - to Senate 03/13 To enrol Rpt enrol - Pres signed 03/14 Sp signed - to Governor 03/22 Governor signed Session Law Chapter 215 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1313 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE PROTECTION OF PERSONS UNDER DISABILITIES; AMENDING CHAPTER 5, 3 TITLE 15, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 15-5-314, IDAHO 4 CODE, TO PROVIDE FOR THE PAYMENT OF REASONABLE COMPENSATION, FEES, AND/OR 5 COSTS TO CERTAIN VISITORS, GUARDIANS AD LITEM, PHYSICIANS, GUARDIANS, TEM- 6 PORARY GUARDIANS AND PERSONS BRINGING OR DEFENDING A GUARDIANSHIP PROCEED- 7 ING; AMENDING SECTION 15-5-414, IDAHO CODE, TO STRIKE REFERENCE TO COMPEN- 8 SATION FROM AN ESTATE TO LAWYERS AND TO PROVIDE FOR THE PAYMENT OF REASON- 9 ABLE COMPENSATION, FEES, AND/OR COSTS TO CERTAIN VISITORS, GUARDIANS AD 10 LITEM, PHYSICIANS, CONSERVATORS, SPECIAL CONSERVATORS AND PERSONS BRINGING 11 OR DEFENDING A CONSERVATORSHIP PROCEEDING. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Chapter 5, Title 15, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 15 ignated as Section 15-5-314, Idaho Code, and to read as follows: 16 15-5-314. COMPENSATION AND EXPENSES. If not otherwise compensated for 17 services rendered or expenses incurred, any visitor, guardian ad litem, physi- 18 cian, guardian, or temporary guardian appointed in a protective proceeding is 19 entitled to reasonable compensation from the estate for services rendered and 20 expenses incurred in such status, including for services rendered and expenses 21 incurred prior to the actual appointment of said guardian or temporary guard- 22 ian which were reasonably related to the proceedings. If any person brings or 23 defends any guardianship proceeding in good faith, whether successful or not, 24 he or she is entitled to receive from the estate his or her necessary expenses 25 and disbursements including reasonable attorney's fees incurred in such pro- 26 ceeding. If the estate is inadequate to bear any of the reasonable compensa- 27 tion, fees, and/or costs referenced in this section, the court may apportion 28 the reasonable compensation, fees, and/or costs to any party, or among the 29 parties, as the court deems reasonable. 30 SECTION 2. That Section 15-5-414, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 15-5-414. COMPENSATION AND EXPENSES. If not otherwise compensated for 33 services rendered or expenses incurred, any visitor,lawyerguardian ad litem, 34 physician, conservator or special conservator appointed in a protective pro- 35 ceeding is entitled to reasonable compensation from the estate for services 36 rendered and expenses incurred in such status, including for services rendered 37 and expenses incurred prior to the actual appointment of said conservator or 38 special conservator which were reasonably related to the proceedings. If any 39 person brings or defends any conservatorship proceeding in good faith, whether 40 successful or not, he or she is entitled to receive from the estate his or her 41 necessary expenses and disbursements including reasonable attorney's fees 2 1 incurred in such proceeding. If the estate is inadequate to bear any of the 2 reasonable compensation, fees, and/or costs referenced in this section, the 3 court may apportion the reasonable compensation, fees, and/or costs to any 4 party, or among the parties, as the court deems reasonable.
STATEMENT OF PURPOSE RS 11690 Visitors, physicians, lawyers, guardians ad litem, conservators, special conservators, guardians, and temporary guardians are all necessary parts of protective proceedings. The existing 15-5-414, covering conservatorships, is unclear as to exactly how such persons should be compensated for services and expenses, especially those incurred prior to actual appointment. The guardianship provisions of the Probate Act contain no provisions whatever on these questions. This Bill provides, by amending 15-5-414, and adding a new Section 15-5-314, to cover guardianships, clarity as to what expenses and services should be compensated and further clarifies that such services and expenses may be incurred prior to the actual appointment, if reasonably related to the proceedings. The Bill also clarifies that attorney's fees and costs, if reasonable, are to be compensated from the estate, if the proceedings were brought or defended in good faith, or if the estate is inadequate, the fees and costs may be apportioned as the court deems reasonable. All of these provisions will promote fundamental fairness in guardianship and conservatorship proceedings, while the existing law can impose undue burdens on some or all of the participants in such proceedings. The Bill provisions will also encourage protective proceedings to be brought when necessary, while the existing law discourages many proceedings because the participants may not be compensated for their services and/or expenses. FISCAL NOTE This bill will have no fiscal impact. 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: rlaldridge@hotmail.com STATEMENT OF PURPOSE/FISCAL NOTE S 1313