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S1034...................................................by JUDICIARY AND RULES
MINORS - TEMPORARY CARE - Amends existing law to revise the procedures for
temporary care and custody of a minor or ward by another person.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Jud
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Davis
Title apvd - to House
02/12 House intro - 1st rdg - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 66-0-4
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
Boe, Bolz, Campbell, Cannon, Collins, Crow, Cuddy, Deal, Denney,
Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
Skippen, Smith(30), Smith(24), Smylie, nodgrass, Stevenson, Tilman,
Trail, Wills, Mr. Speaker
NAYS -- None
Absent and excused -- Barrett, Bradford, Clark, Wood
Floor Sponsors - Edmunson & Harwood
Title apvd - to Senate
03/05 To enrol
03/06 Rpt enrol - Pres signed
03/07 Sp signed
03/10 To Governor
03/13 Governor signed
Session Law Chapter 64
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1034
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DELEGATION OF POWERS BY A PARENT OR GUARDIAN; AMENDING SECTION
3 15-5-104, IDAHO CODE, TO PROVIDE THAT WHEN A PARENT OR GUARDIAN OF A MINOR
4 OR WARD DELEGATES TO ANOTHER PERSON POWERS REGARDING THE CARE, CUSTODY OR
5 PROPERTY OF THE MINOR OR WARD, THE DELEGATION MAY INCLUDE POWERS FOR MEDI-
6 CAL CARE AND EDUCATIONAL CARE OF THE MINOR OR WARD AND THAT IF THE DELEGA-
7 TION RELATES TO A MINOR AND IS TO A GRANDPARENT OR SIBLING OF THE MINOR,
8 OR SIBLING OF EITHER PARENT OF THE MINOR, THAT THE DELEGATION STAYS IN
9 EFFECT UNTIL THE TIME PERIOD OR DATE OR CONDITION FOR AUTOMATIC EXPIRATION
10 OF THE POWER, TO PROVIDE THAT IF THE POWER DOES NOT CONTAIN ANY TIME
11 PERIOD OR DATE OR CONDITION FOR AUTOMATIC EXPIRATION, IT IS IN EFFECT FOR
12 THREE YEARS, TO PROVIDE THAT THE POWER MAY BE REVOKED IN WRITING DELIV-
13 ERED TO THE GRANDPARENT OR SIBLING, TO PROVIDE THAT THE POWER DOES NOT
14 NEED TO BE NOTARIZED OR RECORDED TO BE VALID, BUT THAT IF THE POWER IS
15 RECORDED, THE REVOCATION OF THE POWER MUST ALSO BE RECORDED TO BE EFFEC-
16 TIVE AND TO PROVIDE TECHNICAL CORRECTIONS.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 15-5-104, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 15-5-104. DELEGATION OF POWERS BY PARENT OR GUARDIAN. A parent or a
21 guardian of a minor or incapacitated person, by a properly executed power of
22 attorney, may delegate to another person, for a period not exceeding six (6)
23 months, or in the case of military personnel serving beyond the territorial
24 limits of the United States for a period not exceeding twelve (12) months, any
25 of his the parent's or guardian's powers regarding care, custody, or property
26 of the minor child or ward including, but not limited to, powers for medical
27 care and educational care of the minor or ward, except his the parent's or
28 guardian's power to consent to marriage or adoption of a minor or ward. The
29 delegation for a minor to a grandparent of the minor, or to a sibling of the
30 minor, or to a sibling of either parent of the minor, shall continue in effect
31 until the time period, or date, or condition set forth in the power of attor-
32 ney for automatic expiration of the power of attorney occurs. If the power of
33 attorney does not provide a time period, or date, or condition for automatic
34 expiration of the power, the power of attorney shall continue in effect for a
35 period of three (3) years. The power may be revoked prior to the expiration of
36 the three (3) year period, or prior to the time period, or date, or condition
37 for automatic expiration, in a writing delivered to the grandparent or sibling
38 by the delegating parent or guardian. The power of attorney does not need to
39 be notarized or recorded to be valid. However, if the power is recorded, any
40 revocation of the power by a writing must also be recorded before the revoca-
41 tion is effective.
STATEMENT OF PURPOSE
RS 12672
Section 15-5-104 was originally enacted in the context of Desert
Storm, in 1991, to provide for a simple method to delegate the
temporary care, custody, and control of a minor or ward to another
person. In the time since its enactment, the statute has expanded
in its use, but without amendment. In addition to being used for
school purposes, where a minor may attend school in a geographical
location away from his parents, the power can also be used when a
family member, having problems with drugs for example, wishes to
have grandparents or other family members care for a minor child
of the family member. In many cases, the child is left with the
grandparents or siblings and the parent disappears, sometimes for
an extended time. The existing statute contains a six month
limitation for standard cases and twelve months for military
personnel serving outside the United States territorial
boundaries. While the six month time period limitation may not
burdensome in school situations, when the grantor of the power is
available to renew the power, it often creates a problem when the
parent disappears and the power cannot be renewed. This bill
addresses that problem by providing that when the grant of power
is for a minor and is granted to a family member (grandparent,
aunt or uncle, or brother or sister of the minor) the power lasts
for three years instead of six months, if the power is otherwise
silent as the expiration of the power. The power can set specific
events or time periods for the termination of the power, which can
be longer or shorter than the three year period. The power does
not have to be notarized or recorded to be valid, but if the power
is recorded, the revocation has to be recorded before it is
effective, for the protection of third parties relying on the
power. The net effect of this change in law will be to avoid
having minor children automatically forced into
guardianship/conservatorship proceedings, or into the foster care
system, when the parent of the minor cannot be easily located
within a short time.
FISCAL NOTE
This bill will have no fiscal impact. It may reduce costs by
avoiding unnecessary use of the foster care system and the court
system.
CONTACT: Robert L. Aidridge
1209 North Eighth Street
Boise, Idaho 83702-4297
Telephone: office: (208) 336-9880 Fax: (208) 336-9882
e-mail: rlaldridge@hotmail.com
Steve Tobias on, AARP
1087 River Street, Suite 100
Boise, Idaho 83702
Telephone: (208) 342-4545 Fax: (208) 342-2323
e-mail: tpresler@ktlaw.net
STATEMENT OF PURPOSE/FISCAL NOTE S 103