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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 - 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
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