2002 Legislation
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SENATE BILL NO. 1313 – Guardianship proceeding, compensatn

SENATE BILL NO. 1313

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN 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, lawyer guardian 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 / Fiscal Impact



                       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