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S1247................................................by JUDICIARY AND RULES CONSERVATORS - Amends existing law relating to powers and duties of conservators to clarify control by a conservator of title to the property of the protected person; to provide that letters of conservatorship are evidence of control of assets; and to provide that an order terminating control is evidence of the termination. 01/29 Senate intro - 1st rdg - to printing 01/30 Rpt prt - to Jud 02/12 Rpt out - rec d/p - to 2nd rdg 02/13 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 30-0-5 AYES -- Andreason, Bailey, Bunderson, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noh, Pearce, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Brandt, Burkett, Hill, Noble, Richardson Floor Sponsor - Darrington Title apvd - to House 02/24 House intro - 1st rdg - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1247 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO POWERS AND DUTIES OF CONSERVATORS; AMENDING SECTION 15-5-420, 3 IDAHO CODE, TO CLARIFY CONTROL BY A CONSERVATOR OF TITLE TO THE PROPERTY 4 OF THE PROTECTED PERSON; AND AMENDING SECTION 15-5-421, IDAHO CODE, TO 5 PROVIDE THAT LETTERS OF CONSERVATORSHIP ARE EVIDENCE OF CONTROL OF ASSETS 6 AND TO PROVIDE THAT AN ORDER TERMINATING CONTROL IS EVIDENCE OF THE TERMI- 7 NATION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 15-5-420, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 15-5-420. CONSERVATORS -- TITLE BY APPOINTMENT. (a) The appointment of a 12 conservator vests inhimthe conservator control of titleas trusteeto all 13 property of the protected person, presently held or thereafter acquired, 14 including control of title to any property theretofore held for the protected 15 person by custodians or attorneys in fact, or to the part thereof specified in 16 the order. An order specifying that only a part of the control of the title to 17 property of the protected person vests in the conservator creates a limited 18 conservatorship. 19 (b) The appointment of a conservator is not a transfer or alienation 20 within the meaning of general provisions of any federal or state statute or 21 regulation, insurance policy, pension plan, contract, will or trust instru- 22 ment, imposing restrictions upon or penalties for transfer or alienation by 23 the protected person of his rights or interest, but this section does not 24 restrict the ability of persons to make specific provision by contract or 25 dispositive instrument relating to a conservator. 26 SECTION 2. That Section 15-5-421, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 15-5-421. RECORDING OF CONSERVATOR'S LETTERS. Letters of conservatorship 29 are evidence oftransfercontrol of all assets, or the part thereof specified 30 in the letters, of a protected persontoby the conservator. An order termi- 31 nating a conservatorship is evidence oftransfertermination of such control 32 by the conservator of all assets of the estate subjected to the conservator- 33 ship.from the conservator to the protected person, or his successors.Letters 34 of conservatorship and orders terminating conservatorship may be recorded in 35 the office of the county recorder in any county in which property affected by 36 such letters or orders is located and, from the time of filing the same for 37 record, notice is imparted to all persons of the contents of such letters or 38 orders.
STATEMENT OF PURPOSE RS 13741 This bill completes an ongoing series of changes to the Uniform Probate Code on the appointment of temporary or emergency conservators or guardians. These changes have attempted to balance the need for quick ex parte orders the Court, issued without hearings and without reports from court visitors or guardians ad litem, with the need to protect the rights of an incapacitated person. This bill adds a new section 15-5- 407A to cover temporary and emergency appointments of conservators, and amends section 15-5-312 to clarify the role of a guardian when the incapacitated person has assets to be managed. (1) Temporary and Emergency Conservator Appointments (a) The court can appoint a temporary conservator ex parte, without hearing, only upon a finding, which must be supported by statements made under oath, that an emergency situation exists. The emergency appointment cannot last longer than 90 days, unless extended for good cause. (b) An "emergency situation" is defined to exist when the court has been given a report by a medical doctor or a licensed psychologist stating that the person to be protected is unable to take care of the activities of daily living of the person and the court also finds one of the four factors set forth in 15-5-407A(b), parts 1-4. (c) 15-5-407A(c) through (i) limit the duties of a temporary conservator to preservation and protection of the assets, and to providing funding for the support, care, and welfare of the person. The court can expand or further limit those duties. The temporary conservator is not to remove any of the assets from the jurisdiction of the court without a specific order. The petition for a temporary conservator must be accompanied by the filing of a petition for appointment of a conservator. If the protected person is a minor, a guardian ad litem must be appointed. Notice of a temporary appointment must be given to all interested persons (defined broadly in the probate code) within five days after the appointment. Finally, the court must hold a hearing on the appropriateness of the appointment within five days after request by any interested person, and must appoint a court visitor and physician. (2) Guardians The bill does two things. First, it adds HIPAA language to ensure that an appointed guardian can access the medical information of the ward. Second, it clarifies that a guardian is not to exercise any conservatorship powers. FISCAL NOTE This bill will have no fiscal impact. CONTACT: Name: Robert L. Aldridge Phone: (208) 336-9880 statement of purpose/fiscal note S 1247 REVISED REVISED REVISED REVISED REVISE