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H0078................................by JUDICIARY, RULES AND ADMINISTRATION CONSERVATOR POWERS - PROPERTY - Amends existing law to provide for conservator powers over titles to property of a protected person's estate. 02/01 House intro - 1st rdg - to printing 02/02 Rpt prt - to Jud 02/16 Rpt out - rec d/p - to 2nd rdg 02/17 2nd rdg - to 3rd rdg 02/18 3rd rdg - PASSED - 70-0-0 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Telleria), Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- None Floor Sponsor - Nielsen Title apvd - to Senate 02/21 Senate intro - 1st rdg - to Jud 03/03 Rpt out - rec d/p - to 2nd rdg 03/04 2nd rdg - to 3rd rdg 03/07 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk NAYS -- None Absent and excused -- Williams Floor Sponsor - Sweet Title apvd - to House 03/08 To enrol 03/09 Rpt enrol - Sp signed 03/10 Pres signed 03/11 To Governor 03/15 Governor signed Session Law Chapter 48 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 78 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO CONSERVATORS; AMENDING SECTION 15-5-420, IDAHO CODE, TO PROVIDE 3 FOR CONSERVATOR POWERS OVER TITLES TO PROPERTY OF A PROTECTED PERSON'S 4 ESTATE. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 15-5-420, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 15-5-420. CONSERVATORS -- TITLE BY APPOINTMENT. (a) The appointment of a 9 conservator vests in him title as trustee to all property of the protected 10 person, presently held or thereafter acquired, including title to any property 11 theretofore held for the protected person by custodians or attorneys in fact, 12 or to the part thereof specified in the order. An order specifying that only a 13 part of the property of the protected person vests in the conservator creates 14 a limited conservatorship. 15 (b) The appointment of a conservator is not a transfer or alienation 16 within the meaning of general provisions of any federal or state statute or 17 regulation, insurance policy, pension plan, contract, will or trust instru- 18 ment, imposing restrictions upon or penalties for transfer or alienation by 19 the protected person of his rights or interest, but this section does not 20 restrict the ability of persons to make specific provision by contract or 21 dispositive instrument relating to a conservator. 22 (c) Until termination of his appointment, a conservator has the same 23 power over the title to property of the protected person's estate that an 24 absolute owner would have, provided however, that such power is held in trust 25 for the benefit of the protected person. This power may be exercised without 26 notice, hearing, or order of the court.
STATEMENT OF PURPOSE RS: 14714 When a conservator is appointed for either a minor or a person with a disability of some nature, some questions have arisen as to the exact nature of the title vested in the conservator on behalf of the protected person under the existing language of section 15-5-420, especially paragraph (a) thereof. The added language in this bill, as a new paragraph (c) to section 15-5- 420, clarifies how the title to property is held by the conservator and how it may be exercised. The concept of this bill, but not the actual language of this bill, was approved by the Guardianship/Conservatorship Interim Committee this summer. FISCAL NOTE This bill will have no fiscal impact. CONTACT: Name: Robert L. Aldridge, Trust & Estate Professionals of Idaho, Inc. Telephone: Office: (208) 336-9880 Cell: (208) 631-2481 STATEMENT OF PURPOSE/FISCAL NOTE H 78