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H0081................................by JUDICIARY, RULES AND ADMINISTRATION GUARDIANSHIPS - CONSERVATORSHIPS - Amends existing law to set forth requirements for petitions for guardianships and conservatorships. 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 - Sali 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 - Bunderson 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 51 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. 81 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO GUARDIANS AND CONSERVATORS; AMENDING SECTION 15-5-303, IDAHO CODE, 3 TO SET FORTH REQUIREMENTS FOR PETITIONS FOR GUARDIANSHIPS; AND AMENDING 4 SECTION 15-5-404, IDAHO CODE, TO SET FORTH REQUIREMENTS FOR PETITIONS FOR 5 CONSERVATORSHIPS AND TO CORRECT A CODIFIER'S ERROR. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 15-5-303, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 15-5-303. PROCEDURE FOR COURT APPOINTMENT OF A GUARDIAN OF AN INCAPACI- 10 TATED PERSON. (a) The incapacitated person or any person interested in his 11 welfare may petition for a finding of incapacity and appointment of a guard- 12 ian, limited or general. It is desirable to make available the least restric- 13 tive form of guardianship to assist persons who are only partially incapable 14 of caring for their own needs. Recognizing that every individual has unique 15 needs and differing abilities, the public welfare should be promoted by estab- 16 lishing a guardianship that permits incapacitated persons to participate as 17 fully as possible in all decisions affecting them; that assists such persons 18 in meeting the essential requirements for their physical health and safety, in 19 protecting their rights, in managing their financial resources, and in devel- 20 oping or regaining their abilities to the maximum extent possible; and that 21 accomplishes these objectives through providing, in each case, the form of 22 guardianship that least interferes with legal capacity of a person to act in 23 his own behalf. The petition shall include a plan in reasonable detail for the 24 proposed actions of the guardian regarding the affairs of the ward after 25 appointment of the guardian, to the extent reasonably known to the petitioner 26 at the time of filing of the petition. If the complete mental, physical and 27 emotional status, and the health care needs and other needs of the ward are 28 not reasonably known to the petitioner at the time the petition is filed, or 29 if the petitioner is not the proposed guardian, then the guardian shall submit 30 to the court, and to all interested persons, in writing, within thirty (30) 31 days after appointment of the guardian, a reasonably detailed plan covering 32 such matters. Such plan must also be given to any person who has filed a 33 request for notice under section 15-5-406, Idaho Code, and to other persons as 34 the court may direct. Such plan shall be given to all such persons in accor- 35 dance with the methods set forth in section 15-1-401, Idaho Code. If the plan 36 changes during any time period between the periodic reports of the guardian, 37 the modified plan shall be filed with the next report as a part thereof. 38 (b) Upon the filing of a petition, the court shall set a date for hearing 39 on the issues of incapacity and unless the allegedly incapacitated person has 40 counsel of his own choice, it shall appoint an attorney to represent him in 41 the proceeding, who shall have the powers and duties of a guardian ad litem. 42 The person alleged to be incapacitated shall be examined by a physician or 43 other qualified person appointed by the court who shall submit his report in 2 1 writing to the court. The court may, in appropriate cases, appoint a mental 2 health professional, defined as a psychiatrist, psychologist, gerontologist, 3 licensed social worker, or licensed counselor, to examine the proposed ward 4 and submit a written report to the court. The person alleged to be incapaci- 5 tated also shall be interviewed by a visitor sent by the court. The visitor 6 shall also interview the person who appears to have caused the petition to be 7 filed and any person who is nominated to serve as guardian, and visit the 8 present place of abode of the person alleged to be incapacitated and the place 9 it is proposed that he will be detained or reside if the requested appoint- 10 ment is made and submit his report in writing to the court. Where possible 11 without undue delay and expenses beyond the ability to pay of the allegedly 12 incapacitated person, the court, in formulating the judgment, may utilize the 13 service of any public or charitable agency that offers or is willing to evalu- 14 ate the condition of the allegedly incapacitated person and make recommenda- 15 tions to the court regarding the most appropriate form of state intervention 16 in his affairs. 17 (c) Unless excused by the court for good cause, the proposed guardian 18 shall attend the hearing. The person alleged to be incapacitated is entitled 19 to be present at the hearing in person, and to see or hear all evidence bear- 20 ing upon his condition. He is entitled to be represented by counsel, to pres- 21 ent evidence and subpoena witnesses and documents, to examine witnesses, 22 including the court-appointed physician, mental health professional, or other 23 person qualified to evaluate the alleged impairment, as well as the court-ap- 24 pointed visitor, and otherwise participate in the hearing. The hearing may be 25 a closed hearing upon the request of the person alleged to be incapacitated or 26 his counsel and a showing of good cause. After appointment, the guardian shall 27 immediately provide written notice of any proposed change in the permanent 28 address of the ward to the court and all interested parties. 29 SECTION 2. That Section 15-5-404, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 15-5-404. ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE ORDER. (a) The 32 person to be protected, any person who is interested in his estate, affairs or 33 welfare including his parent, guardian, or custodian, or any person who would 34 be adversely affected by lack of effective management of his property and 35 affairs may petition for the appointment of a conservator or for other appro- 36 priate protective order. 37 (b) The petition shall set forth to the extent known, the interest of the 38 petitioner; the name, age, residence and address of the person to be pro- 39 tected; the name and address of his guardian, if any; the name and address of 40 his nearest relative known to the petitioner; a general statement of his prop- 41 erty with an estimate of the value thereof, including any compensation, insur- 42 ance, pension or allowance to which he is entitled; and the reason why 43 appointment of a conservator or other protective order is necessary. If the 44 appointment of a conservator is requested, the petition also shall set forth 45 the name and address of the person whose appointment is sought and the basis 46 of his priority for appointment. 47 (c) The petition shall include a financial plan for the proposed actions 48 of the conservator regarding the financial affairs of the protected person 49 after appointment of the conservator, to the extent reasonably known to the 50 petitioner at the time of filing of the petition. If the complete assets, 51 income, expenses, debts and other financial concerns of the protected person 52 are not reasonably known to the petitioner at the time the petition is filed, 53 or if the petitioner is not the proposed conservator, then the conservator 3 1 shall submit to the court, and to all interested persons, in writing, within 2 the ninety (90) day inventory, as a part thereof, a financial plan covering 3 all of the assets, income, expenses, debts and other financial concerns of the 4 protected person. Such financial plan must also be given to any person who has 5 filed a request for notice under section 15-5-406, Idaho Code, and to other 6 persons as the court may direct. Such financial plan shall be given to all 7 such persons in accordance with the methods set forth in section 15-1-401, 8 Idaho Code. If the financial plan changes during any time period between the 9 periodic reports of the conservator, the modified financial plan shall be 10 filed with the next report as a part thereof.
STATEMENT OF PURPOSE RS 14726C1 This bill sets forth the duty of a conservator and of a guardian to submit plans, initially proposed, and then final, of how the affairs of the protected person (as to conservatorship) or ward (as to guardianship) are to be handled. As to conservators, the plan, to the extent known at the time, is included the petition. A final plan, to the extent known at that time, is included in the 90 day inventory. If the plan changes between annual reports by the conservator, the change is included with the next annual report. The method with the guardian is the same, except that the final plan is submitted 30 days after appointment. A guardian does not submit any equivalent of the 90 day inventory. Again, any changes between annual reports are included in the next annual report. This keeps the court and the guardian ad litem and any monitor of the reports in touch with what is supposed to be the general structure of the affairs of the protected person or ward. This makes review and monitoring much easier. It will also make the conservator or guardian aware that they should be looking at long term needs of the protected person or ward. 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 81