2005 Legislation
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HOUSE BILL NO. 78 – Property, conservator powers

HOUSE BILL NO. 78

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN 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 / Fiscal Impact


                   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