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H0080................................by JUDICIARY, RULES AND ADMINISTRATION
CONSERVATORS - Amends existing law to set forth requirements for reports
submitted by conservators.
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 - 69-0-1
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
NAYS -- None
Absent and excused -- Mr. Speaker
Floor Sponsor - Clark
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 - Jorgenson
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 50
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. 80
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CONSERVATORS; AMENDING SECTION 15-5-419, IDAHO CODE, TO SET FORTH
3 REQUIREMENTS FOR REPORTS SUBMITTED BY CONSERVATORS.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 15-5-419, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 15-5-419. ACCOUNTS AND REPORTS. (a) Every conservator or guardian shall
8 submit a written annual report to the court concerning the status of the ward
9 and of the ward's estate that has been under the guardian's or conservator's
10 control. The guardian or conservator shall also be required to provide copies
11 of the report to all persons listed by the court as having an interest in
12 receiving copies of the report. The court may order more frequent reports by
13 its own ruling or pursuant to a petition of any person interested in the
14 ward's welfare. Every conservator must account annually, or as otherwise
15 directed by the court, and upon his resignation or removal. On termination of
16 the protected person's minority or disability, a conservator shall account to
17 the court and shall account to the former protected person or his personal
18 representative. Subject to appeal or vacation within the time permitted, an
19 order, made upon notice and hearing, allowing an intermediate account of a
20 conservator, adjudicates as to his liabilities concerning the matters consid-
21 ered in connection therewith; and an order, made upon notice and hearing,
22 allowing a final account adjudicates as to all previously unsettled liabili-
23 ties of the conservator to the protected person or his successors relating to
24 the conservatorship. In connection with any account, the court may require a
25 conservator to submit to a physical check of the estate in his control, to be
26 made in any manner the court may specify.
27 (b) Except as otherwise provided in subsection (c) of this section, every
28 report submitted by a conservator shall cover a specific time period, which
29 period shall be stated explicitly in the report. The report shall cover all of
30 the estate of the protected person which is under the control of the conserva-
31 tor. Supporting documentation for items in the report shall either accompany
32 such report or, if such supporting documentation is voluminous, or expensive
33 to provide, or contains sensitive or private information, or another good rea-
34 son exists for not providing such supporting documentation with the report,
35 the report shall state the reason that the supporting documentation is not
36 provided and that the supporting documentation is held by, or is reasonably
37 available to, the conservator and will be produced upon request. The report
38 shall contain, to the extent reasonably available to the conservator, at least
39 the following:
40 (1) A reasonably detailed listing of the starting inventory of the estate
41 of the protected person at the beginning of the time period for which the
42 report is made. Every such inventory item shall be specifically identi-
43 fied; provided however, that items may be reported in categories, such as
2
1 miscellaneous personal property, rather than individually, and valued by
2 category, when reasonable. The fair market value of each such item or cat-
3 egory shall be stated in such starting inventory and the method of deter-
4 mining such fair market value shall also be stated. In the case of an item
5 or category which is secured by an encumbrance or debt of any nature, the
6 encumbrance or debt shall be listed separately from the item or category
7 and shall be specifically identified, including the items or category
8 secured by the encumbrance or debt, the amount of the encumbrance or debt
9 as of the date of the starting inventory, the holder of such debt or
10 encumbrance, the family relationship of such holder to the protected per-
11 son if actually known to the conservator, and any other reasonably rele-
12 vant information;
13 (2) A reasonably detailed listing, for the covered time period, of the
14 receipts, of any nature, by the estate of the protected person; provided
15 however, that the receipts may be reported in categories, such as interest
16 income, social security payments or rental receipts, if reasonable. Such
17 listing shall reasonably identify each such receipt or category, including
18 the source of such receipt or category and the exact amount or fair market
19 value thereof, and the method of determining such amount or fair market
20 value;
21 (3) A reasonably detailed listing, for the covered time period, of all
22 payments or expenses, of any nature, by the estate of the protected per-
23 son; provided however, that the payments or expenses may be reported in
24 categories, such as rental or house payments, medical expenses or trans-
25 portation expenses, if reasonable. Each such payment or category shall be
26 set forth in reasonable detail, including the amount thereof, to whom the
27 payment was made, the method or frequency of making such payment if not
28 reasonably indicated by the item or category, the consideration for such
29 payment if not reasonably indicated by the item or category, the family
30 relationship of the receiver of such payment to the protected person if
31 actually known to the conservator, the time period covered by such payment
32 if relevant, and any other information reasonably relevant to such pay-
33 ment;
34 (4) A reasonably detailed listing of the ending inventory of the estate
35 of the protected person at the end of the time period for which the report
36 is made, in the same manner as described above for the starting inventory;
37 (5) If the report does not, on its face, balance exactly the starting and
38 ending inventories with the receipts and payments of the estate of the
39 protected person, a reasonably detailed analysis and statement of the rea-
40 sons for such imbalance, and a reasonably detailed listing of the correct-
41 ing entries necessary to balance such report, such as unrealized gains or
42 losses on assets of the estate, shall be made as part of the report; and
43 (6) Any other information, of any nature, which is reasonably relevant to
44 the actions of the conservator during the time period covered by the
45 report, which shall be submitted as part of the report or shall accompany
46 such report.
47 (c) Any report prepared by a federally or state chartered financial
48 institution using a fiduciary accounting system that produces statements con-
49 taining asset positions, receipts, and disbursements shall be deemed to sat-
50 isfy the reporting requirements set forth in subsection (b) of this section.
51 The court may order any such report filed by a federally or state chartered
52 financial institution to be supplemented or may order that any information
53 reasonably relevant to the report be produced.
54 (d) If a conservator or guardian:
55 (1) Makes a substantial misstatement on filings of any required annual
3
1 reports; or
2 (2) Is guilty of gross impropriety in handling the property of the ward;
3 or
4 (3) Willfully fails to file the report required by this section, after
5 receiving written notice of the failure to file and after a grace period
6 of two (2) months have elapsed;
7 then the court may impose a fine in an amount not to exceed five thousand dol-
8 lars ($5,000) on the conservator or guardian. The court may appoint a guardian
9 ad litem for the ward on its own motion or on the motion of any interested
10 party to represent the ward in any proceedings hereunder and may also appoint
11 appropriate persons or entities to make investigation of the actions of the
12 conservator or guardian. The court may also order restitution of funds misap-
13 propriated from the estate of a ward and may impose a surcharge upon the con-
14 servator or guardian responsible for such misappropriation for all damages,
15 costs and other appropriate sums determined by the court, in addition to any
16 fine imposed including, but not limited to, any fees and costs of the guardian
17 ad litem. The court may take any other actions which are in the best interests
18 of the ward and the protection of the assets of the ward. Any sums awarded
19 hereunder shall be paid by the conservator or guardian and may not be paid by
20 the estate of the ward. The court may enter judgment against a conservator or
21 guardian for any or all of the foregoing, and may impose judgment against any
22 bond of such conservator or guardian.
STATEMENT OF PURPOSE
RS 14725C1
This bill gives definition to the required contents of a report
by a conservator. Existing law is silent as to such contents.
The bill allows documents supporting the figures in the report to
either be submitted with the report or made available only on
request. The bill also allows federally and state chartered
financial institutions to submit the product of their fiduciary
reporting systems so that the contents of that product do not
have to be redone into a report form. The court may, as to such
fiduciary reporting systems, request supplementation of the
report if needed. In its essence, the list of requirements will
also be a guide for non-professional conservators and for courts.
It will also help to standardize to the extent possible how
reports are structured, which will simplify monitoring of such
reports.
FISCAL IMPACT
This bill will have no fiscal impact.
Contact
Name: Robert L. Aldridge
Phone: Office: (208) 336-9880 Cell: (208) 631-2481
STATEMENT OF PURPOSE/FISCAL NOTE H 80