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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 - 2002
IN 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