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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 - 2004
IN 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 in him the conservator control of title as trustee to 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 of transfer control of all assets, or the part thereof specified
30 in the letters, of a protected person to by the conservator. An order termi-
31 nating a conservatorship is evidence of transfer termination 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
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