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S1315................................................by JUDICIARY AND RULES DISABLED PERSONS - VISITORS - Amends existing law to provide certain restrictions on the appointment of visitors and guardians ad litem for disabled persons. 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 02/08 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- Darrington, Hawkins Floor Sponsor - Richardson Title apvd - to House 02/11 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 - 65-0-5 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, 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 -- None Absent and excused -- Deal, Gagner, Jones, Pischner, Trail Floor Sponsor - Sellman 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 217 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1315 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO PROTECTION OF PERSONS UNDER DISABILITY; AMENDING SECTION 15-5-308, 3 IDAHO CODE, TO PROVIDE CERTAIN RESTRICTIONS ON THE APPOINTMENT OF VISITORS 4 AND GUARDIANS AD LITEM. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 15-5-308, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 15-5-308. VISITOR IN GUARDIANSHIP PROCEEDING. (1) A visitor is, with 9 respect to guardianship proceedings, a person who is trained in law, nursing, 10 psychology, social work, or counseling or has other qualifications that make 11 him suitable to perform the function and is an officer, employee or special 12 appointee of the court with no personal interest in the proceedings. The 13 visitor's report is to include the following information: a description of the 14 nature, cause and degree of incapacity, and the basis upon which this judgment 15 is made; a description of the needs of the person alleged to be incapacitated 16 for care and treatment and the probable residential requirements; an evalua- 17 tion of the appropriateness of the guardian or conservator whose appointment 18 is sought and a description of the steps the proposed guardian or conservator 19 has taken or intends to take to meet the needs of the incapacitated person; a 20 description of the abilities of the alleged incapacitated person and a recom- 21 mendation as to whether a full or limited guardianship or conservatorship 22 should be ordered and, if limited, the visitor's recommendation of the spe- 23 cific areas of authority the limited guardianship or conservator should have 24 and the limitations to be placed on the incapacitated person; any expression 25 of approval or disapproval made by the alleged incapacitated person concerning 26 the proposed guardianship or conservatorship; an analysis of the financial 27 status and assets of the alleged incapacitated person; identification of peo- 28 ple with significant interest in the welfare of the alleged incapacitated per- 29 son who should be informed of the proceedings; a description of the qualifica- 30 tions and relationship of the proposed guardian or conservator; an explanation 31 of how the alleged incapacitated person responded to the advice of the pro- 32 ceedings and the right to be present at the hearing on the petition; in the 33 case of conservatorship, a recommendation for or against a bond requirement 34 for the proposed conservator, taking into account the financial statement of 35 the person whose appointment is sought. 36 (2) Any person appointed as a visitor shall be personally immune from any 37 liability for acts, omissions or errors in the same manner as if such person 38 were a volunteer or director under the provisions of section 6-1605, Idaho 39 Code. 40 (3) The visitor may not also be appointed as guardian ad litem for the 41 person alleged to be incapacitated nor may the guardian ad litem for the per- 42 son alleged to be incapacitated be appointed as visitor, nor may the visitor 43 and the guardian ad litem for the person alleged to be incapacitated be mem- 2 1 bers or employees of the same entity including, but not limited to, being mem- 2 bers or employees of the same law firm.
STATEMENT OF PURPOSE RS 11691 In a guardianship or conservatorship proceeding, the interests of the person alleged to be incapacitated are protected by the appointment of three different persons: (1) a physician who renders a medical opinion to the court; (2) a guardian ad litem who acts somewhat as an attorney for the person alleged to be incapacitated, although having additional duties and responsibilities; and, (3) a court visitor, who is an impartial expert who does extensive investigation of the circumstances and condition of the person alleged to be incapacitated and renders a written opinion to the court as set forth in paragraph 1, above. Each of these persons performs a different role and each is required to fully protect the rights of the person alleged to be incapacitated. However, some courts have been appointing the same person as both guardian ad litem and court visitor, or appointing persons who are members of the same law firm, which removes substantial protections required by the statute. The amendment therefore makes it clear that the visitor and the guardian ad litem must be two different persons and must be independent, at least to the extent of not being members or employees of the same entity, such as a law firm. 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 1315