2005 Legislation
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HOUSE BILL NO. 80 – Conservators, reports, requiremnts


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Bill Status

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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 80
  1                                        AN ACT
  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
  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
  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 / Fiscal Impact

                      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

                         FISCAL IMPACT

This bill will have no fiscal impact.

Name:     Robert L. Aldridge
Phone:    Office: (208) 336-9880  Cell: (208) 631-2481

STATEMENT OF PURPOSE/FISCAL NOTE                      H 80