2005 Legislation
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HOUSE BILL NO. 81 – Guardians/conservators, petitions

HOUSE BILL NO. 81

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                      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