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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 - 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
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