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S1326................................................by JUDICIARY AND RULES
GUARDIANSHIPS AND CONSERVATORSHIPS - Amends, repeals and adds to existing
law relating to guardianships and conservatorships to revise venue
provisions; to repeal language relating to powers of foreign conservators;
to set forth provisions applicable to the receipt and acceptance of foreign
guardianships and conservatorships; to set forth provisions applicable to
transfers of guardianships and conservatorships to a foreign jurisdiction;
and to set forth provisions applicable to the temporary recognition of
foreign guardianships.
01/30 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to Jud
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/17 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Fulcher, Jorgenson
Floor Sponsor - Lodge
Title apvd - to House
02/20 House intro - 1st rdg - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, 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(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
Speaker
NAYS -- None
Absent and excused -- Bedke, Crow, Smith(30), Wood
Floor Sponsor - Clark
Title apvd - to Senate
03/17 To enrol
03/20 Rpt enrol - Pres signed - Sp signed
03/21 To Governor
03/24 Governor signed
Session Law Chapter 182
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1326
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO GUARDIANSHIPS AND CONSERVATORSHIPS; AMENDING SECTION 15-5-211,
3 IDAHO CODE, TO REVISE VENUE PROVISIONS AND TO MAKE A TECHNICAL CORRECTION;
4 AMENDING SECTION 15-5-313, IDAHO CODE, TO REVISE VENUE PROVISIONS; AMEND-
5 ING SECTION 15-5-430, IDAHO CODE, TO PROVIDE CODE REFERENCES APPLICABLE TO
6 TERMINATION OF PROCEEDINGS; AMENDING SECTION 15-5-431, IDAHO CODE, TO PRO-
7 VIDE CODE REFERENCES APPLICABLE TO THE PAYMENT OF DEBT AND DELIVERY OF
8 PROPERTY IN CERTAIN FOREIGN CONSERVATOR CASES; REPEALING SECTION 15-5-432,
9 IDAHO CODE, RELATING TO POWERS OF FOREIGN CONSERVATORS; AMENDING TITLE 15,
10 IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 9, TITLE 15, IDAHO CODE, TO
11 SET FORTH PROVISIONS APPLICABLE TO FOREIGN GUARDIANSHIPS, TO PROVIDE FOR
12 JURISDICTION, TO REQUIRE PETITIONS, TO REQUIRE NOTICE, TO PROVIDE FOR
13 HEARINGS, TO SET FORTH REQUIREMENTS FOR RECEIPT AND ACCEPTANCE OF FOREIGN
14 GUARDIANSHIPS, TO PROVIDE FOR REVIEW OF GUARDIANSHIPS, TO SET FORTH PROVI-
15 SIONS APPLICABLE TO FOREIGN CONSERVATORSHIPS, TO PROVIDE FOR JURISDICTION,
16 TO REQUIRE PETITIONS, TO REQUIRE NOTICE, TO PROVIDE FOR HEARINGS, TO SET
17 FORTH REQUIREMENTS FOR RECEIPT AND ACCEPTANCE OF FOREIGN CONSERVATORSHIPS
18 AND TO PROVIDE FOR REVIEW OF CONSERVATORSHIPS; AMENDING TITLE 15, IDAHO
19 CODE, BY THE ADDITION OF A NEW CHAPTER 10, TITLE 15, IDAHO CODE, TO SET
20 FORTH PROVISIONS APPLICABLE TO TRANSFERS OF GUARDIANSHIPS TO FOREIGN
21 JURISDICTIONS, TO PROVIDE FOR JURISDICTION, TO REQUIRE PETITIONS, TO
22 REQUIRE NOTICE, TO PROVIDE FOR HEARINGS, TO SET FORTH REQUIREMENTS FOR
23 TRANSFERS OF GUARDIANSHIPS TO FOREIGN JURISDICTIONS, TO SET FORTH PROVI-
24 SIONS APPLICABLE TO TRANSFERS OF CONSERVATORSHIPS TO FOREIGN JURISDIC-
25 TIONS, TO PROVIDE FOR JURISDICTION, TO REQUIRE PETITIONS, TO REQUIRE
26 NOTICE, TO PROVIDE FOR HEARINGS AND TO SET FORTH REQUIREMENTS FOR TRANS-
27 FERS OF CONSERVATORSHIPS TO FOREIGN JURISDICTIONS; AND AMENDING TITLE 15,
28 IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 11, TITLE 15, IDAHO CODE, TO
29 PROVIDE FOR JURISDICTION, TO REQUIRE PETITIONS AND NOTICE, TO SET FORTH
30 REQUIREMENTS FOR THE TEMPORARY RECOGNITION OF A FOREIGN GUARDIANSHIP, TO
31 PROVIDE FOR JURISDICTION, TO REQUIRE PETITIONS AND NOTICE AND TO SET FORTH
32 REQUIREMENTS FOR THE TEMPORARY RECOGNITION OF A FOREIGN CONSERVATORSHIP.
33 Be It Enacted by the Legislature of the State of Idaho:
34 SECTION 1. That Section 15-5-211, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 15-5-211. PROCEEDINGS SUBSEQUENT TO APPOINTMENT -- VENUE. (a) The court
37 where the ward resides has concurrent jurisdiction with the court which
38 appointed the guardian, or in which acceptance of a testamentary appointment
39 was filed, over resignation, removal, accounting and other proceedings relat-
40 ing to the guardianship.
41 (b) If the court located where the ward resides is not the court in which
42 acceptance of appointment is filed, the court in which proceedings subsequent
43 to appointment are commenced shall in all appropriate cases notify the other
2
1 court, if in this or another state, and after consultation with that court
2 determine whether to retain jurisdiction or transfer the proceedings to the
3 other court, whichever is in the best interests of the ward. A copy of any
4 order accepting a resignation or removing a guardian shall be sent to the
5 court in which acceptance of appointment is filed. If the court in which
6 acceptance of appointment is filed is in another state, the court in this
7 state shall proceed in accordance with chapters 9, 10 and/or 11, title 15,
8 Idaho Code, as appropriate.
9 SECTION 2. That Section 15-5-313, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 15-5-313. PROCEEDINGS SUBSEQUENT TO APPOINTMENT -- VENUE. (a) The court
12 where the ward resides has concurrent jurisdiction with the court which
13 appointed the guardian, or in which acceptance of a testamentary appointment
14 was filed, over resignation, removal, accounting and other proceedings relat-
15 ing to the guardianship, including proceedings to limit the authority previ-
16 ously conferred on a guardian, or to remove limitations previously imposed.
17 (b) If the court located where the ward resides is not the court in which
18 acceptance of appointment is filed, the court in which proceedings subsequent
19 to appointment are commenced shall in all appropriate cases notify the other
20 court, if in this or another state, and after consultation with that court
21 determine whether to retain jurisdiction or transfer the proceedings to the
22 other court, whichever may be in the best interest of the ward. A copy of any
23 order accepting a resignation, altering his authority or removing a guardian
24 shall be sent to the court in which acceptance of appointment is filed. If the
25 court in which acceptance of appointment is filed is in another state, the
26 court in this state shall proceed in accordance with chapters 9, 10 and/or 11,
27 title 15, Idaho Code, as appropriate.
28 SECTION 3. That Section 15-5-430, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 15-5-430. TERMINATION OF PROCEEDING. The protected person, his personal
31 representative, the conservator, or any other interested person may petition
32 the court to terminate the conservatorship. A protected person seeking termi-
33 nation is entitled to the same rights and procedure as in an original proceed-
34 ing for a protective order. The court, upon determining after notice and hear-
35 ing that the minority or disability of the protected person has ceased or that
36 it would be in the best interests of the protected person to establish the
37 conservatorship in another jurisdiction may terminate the conservatorship and,
38 where appropriate, order initiation of proceedings in another jurisdiction or
39 delivery of the assets to a foreign conservator as set forth in chapters 9, 10
40 and/or 11, title 15, Idaho Code. Upon termination, title to assets of the
41 estate passes to the former protected person or to his successor subject to
42 provision in the order for expenses of administration or to conveyances from
43 the conservator to the former protected person or his successors, to evidence
44 the transfer.
45 SECTION 4. That Section 15-5-431, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 15-5-431. PAYMENT OF DEBT AND DELIVERY OF PROPERTY TO FOREIGN CONSERVATOR
48 WITHOUT LOCAL PROCEEDINGS. Any person indebted to a protected person, or hav-
49 ing possession of property or of an instrument evidencing a debt, stock, or
3
1 chose in action belonging to a protected person may pay or deliver to a con-
2 servator, guardian of the estate or other like fiduciary appointed by a court
3 of the state of residence of the protected person, upon being presented with
4 proof of his appointment and an affidavit made by him or on his behalf stat-
5 ing:
6 (a) That no protective proceeding relating to the protected person is
7 pending in this state, including any proceeding under chapters 9, 10 and/or
8 11, title 15, Idaho Code; and
9 (b) That the foreign conservator is entitled to payment or to receive
10 delivery.
11 If the person to whom the affidavit is presented is not aware of any pro-
12 tective proceeding pending in this state, payment or delivery in response to
13 the demand and affidavit discharges the debtor or possessor.
14 SECTION 5. That Section 15-5-432, Idaho Code, be, and the same is hereby
15 repealed.
16 SECTION 6. That Title 15, Idaho Code, be, and the same is hereby amended
17 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
18 ter 9, Title 15, Idaho Code, and to read as follows:
19 CHAPTER 9
20 FOREIGN GUARDIANSHIPS
21 AND CONSERVATORSHIPS
22 PART 1.
23 RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP
24 15-9-101. JURISDICTION. A guardian who is appointed by a foreign court of
25 competent jurisdiction for an incapacitated person (hereinafter "ward") resid-
26 ing or domiciled in this state may petition to have the guardianship trans-
27 ferred and accepted in this state.
28 15-9-102. PETITION. (1) The petition for the receipt and acceptance of a
29 foreign guardianship shall be filed in the court where the ward resides or is
30 domiciled or where the ward may reside in the future.
31 (2) The petition shall include the following:
32 (a) A certified copy of the foreign guardianship order including:
33 (i) All attachments describing the duties and powers of the guard-
34 ian; and
35 (ii) All amendments or modifications to the foreign guardianship
36 order entered subsequent to the original order, including the order
37 to transfer the guardianship, if applicable;
38 (b) The address of the foreign court from which the guardianship was
39 issued;
40 (c) A listing of any other guardianship petitions that are pending in any
41 jurisdiction and the names and addresses of the courts where the petitions
42 have been filed;
43 (d) The petitioner's name, residence, current address and relationship,
44 other than guardian, to the ward;
45 (e) The name, age, principal residence and current address of the ward;
46 (f) The name and address of the ward's:
47 (i) Spouse; and
48 (ii) Adult children or, if the ward has none, the ward's parents and
49 adult siblings or, if the ward has none, at least one (1) adult near-
4
1 est in kinship to the ward if such adult can be found;
2 (g) The name and address of the person responsible for the care or cus-
3 tody of the ward if other than the guardian;
4 (h) The name and address of any legal representative, including a guard-
5 ian ad litem appointed by the foreign court, for the ward;
6 (i) The reason(s) for the transfer of the guardianship; and
7 (j) If the guardian manages any property for the ward, a general state-
8 ment of the ward's property, its location, and its estimated value includ-
9 ing any insurance or pension, and the source and amount of any other
10 anticipated income or receipts.
11 (3) The petition for receipt and acceptance of a foreign guardianship may
12 be supplemented with other petitions related to the guardianship including a
13 petition to modify the terms of the guardianship.
14 15-9-103. NOTICE OF PETITION FOR RECEIPT AND ACCEPTANCE OF A FOREIGN
15 GUARDIANSHIP. (1) Notice of the petition for receipt and acceptance of a for-
16 eign guardianship shall be served personally on the ward. Except as provided
17 in subsection (3) of this section, failure to serve the ward with the forego-
18 ing notice precludes the court from granting the petition. The notice shall be
19 in plain language and large type and shall:
20 (a) Include a statement that the ward has a right to a hearing on the
21 petition for receipt and acceptance of a foreign guardianship;
22 (b) Inform the ward of procedures to exercise his or her right to a hear-
23 ing; and
24 (c) Describe the consequences of a transfer of the guardianship from the
25 foreign jurisdiction to this state.
26 (2) Notice of the petition for receipt and acceptance of a foreign guard-
27 ianship shall be given to the court from which the guardianship is to be
28 transferred. Except as provided in subsection (3) of this section, failure to
29 give the foreign court notice of the petition for receipt and acceptance of a
30 foreign guardianship or to procure the requested certifications and copies of
31 guardianship documents precludes the court from granting the petition. Notice
32 to the foreign court shall include a request that the foreign court:
33 (a) Certify:
34 (i) That the foreign court has no knowledge that the guardian has
35 engaged in malfeasance, misfeasance or nonfeasance during his or her
36 appointment as guardian;
37 (ii) That periodic reports have been filed in a satisfactory manner;
38 (iii) That all bond or other security requirements imposed under the
39 guardianship have been performed; and
40 (b) Forward copies of all documents filed with the foreign court relevant
41 to the guardianship including, but not limited to:
42 (i) The initial petition for guardianship and other filings rele-
43 vant to the appointment of the guardian;
44 (ii) Reports and recommendations of guardians ad litem, court visi-
45 tors, or other individuals appointed by the foreign court to evaluate
46 the appropriateness of the guardianship;
47 (iii) Reports of physical or mental health practitioners describing
48 the capacity of the ward to care for himself or herself or to manage
49 his or her affairs;
50 (iv) Periodic status reports on the condition of the ward and the
51 ward's assets; and
52 (v) The order to transfer the guardianship, if any.
53 (3) The court may waive the notice provisions in subsections (1) and (2)
54 of this section if:
5
1 (a) The guardian has filed a petition in the foreign court to transfer
2 and release the guardianship to this state;
3 (b) Notice was given to the ward in conjunction with the petition to
4 transfer and release the guardianship; and
5 (c) The petitioner provides the court with:
6 (i) A certified copy of the petition filed with the foreign court;
7 and
8 (ii) Proof of service on the ward. Proof of service shall not be
9 dated more than ninety (90) days before the petition and acceptance
10 of a foreign guardianship is filed in the court.
11 (4) The petitioner shall give notice of the petition for receipt and
12 acceptance of a foreign guardianship to all other interested persons named in
13 the petition, including any legal counsel appointed or retained for the ward
14 or any guardian ad litem or court visitor appointed for the ward. The notice
15 shall include a statement informing these persons of the right to object to
16 the receipt and acceptance of the guardianship from the foreign jurisdiction
17 to this state. Failure to give notice under this subsection precludes the
18 receipt and acceptance of the guardianship.
19 (5) All persons receiving notice under this section shall have thirty
20 (30) days from the mailing of notice to request a hearing on the petition for
21 receipt and acceptance of the foreign guardianship.
22 15-9-104. HEARING ON THE PETITION FOR RECEIPT AND ACCEPTANCE OF A FOREIGN
23 GUARDIANSHIP. (1) On motion by the ward, by any person named in the petition,
24 or by any other interested person, or on the court's own motion, the court
25 shall hold a hearing to consider the petition for receipt and acceptance of a
26 foreign guardianship.
27 (2) If the petition for receipt and acceptance of a foreign guardianship
28 includes a request to modify the provisions of the guardianship, the court
29 shall hold a hearing to consider the petition for receipt and acceptance of a
30 foreign guardianship.
31 (3) All procedural rights associated with a guardianship hearing before
32 the court shall be observed for any hearings on the petition for receipt and
33 acceptance of a foreign guardianship.
34 (4) If any interested person receiving notice of the petition for receipt
35 and acceptance of a foreign guardianship challenges the validity of the for-
36 eign guardianship or the authority of the foreign court to appoint the guard-
37 ian, the court may stay this proceeding while the petitioner is afforded the
38 opportunity to have the foreign court hear the challenge and determine its
39 merits.
40 15-9-105. REQUIREMENTS FOR RECEIPT AND ACCEPTANCE OF A FOREIGN GUARDIAN-
41 SHIP. (1) The court shall grant the petition for receipt and acceptance of a
42 foreign guardianship provided that:
43 (a) The guardian is presently in good standing with the foreign court;
44 (b) The guardian is not moving or has not moved the ward or the ward's
45 property from the foreign jurisdiction for the purpose of avoiding or
46 circumventing the provisions of the guardianship order; and
47 (c) The transfer of the guardianship from the foreign jurisdiction is in
48 the best interests of the ward.
49 (2) In granting a petition for receipt and acceptance of a foreign guard-
50 ianship, the court shall give full faith and credit to the provisions of the
51 foreign guardianship order concerning the determination of the ward's incapac-
52 ity and the rights, powers and duties of the guardian.
53 (3) Notwithstanding subsection (2) of this section, the court may modify
6
1 the provisions of the guardianship with respect to surety bond requirements or
2 other administrative provisions to bring the guardianship into compliance with
3 the laws of this state or the rules of the court.
4 (4) The court may require the guardian to file an accounting of the
5 ward's property at the time of the transfer from the foreign jurisdiction to
6 the extent the guardian has control thereof.
7 (5) If the petition for receipt and acceptance of a foreign guardianship
8 is granted, the court shall coordinate with the foreign court to facilitate
9 the orderly transfer of the guardianship. To coordinate the transfer, the
10 court is authorized to:
11 (a) Delay the effective date of the receipt and acceptance;
12 (b) Make the receipt and acceptance contingent upon the release of the
13 guardianship or the termination of the guardianship and the discharge of
14 the guardian in the foreign jurisdiction;
15 (c) Recognize concurrent jurisdiction over the guardianship for a reason-
16 able period of time to permit the foreign court to release the guardian-
17 ship or to terminate the guardianship and discharge the guardian in the
18 foreign jurisdiction; or
19 (d) Make other arrangements that, in the sound discretion of the court,
20 are necessary to effectuate the receipt and acceptance of the guardian-
21 ship.
22 (6) The denial of a petition for receipt and acceptance of a guardianship
23 does not affect the right of a guardian appointed by a foreign court of compe-
24 tent jurisdiction to petition for guardianship under part 3, chapter 5, title
25 15, Idaho Code.
26 15-9-106. REVIEW OF THE GUARDIANSHIP. (1) Within a reasonable period of
27 time after the receipt and acceptance of the foreign guardianship, the court
28 shall review the provisions of the guardianship.
29 (2) As part of its review, the court shall inform the guardian and ward
30 of services that may be available to the ward.
31 (3) Upon petition by the guardian, the ward, or by another interested
32 person, the court may modify the type of appointment or powers granted to the
33 guardian in accordance with the provisions of section 15-3-313, Idaho Code.
34 PART 2.
35 RECEIPT AND ACCEPTANCE OF FOREIGN CONSERVATORSHIP
36 15-9-201. JURISDICTION. A conservator who is appointed by a foreign court
37 of competent jurisdiction for an incapacitated person (hereinafter "protected
38 person") residing in or domiciled in this state, may petition to have the con-
39 servatorship transferred to and accepted in this state.
40 15-9-202. PETITION. (1) The petition for the receipt and acceptance of a
41 foreign conservatorship shall be filed in the court where the protected person
42 resides, is domiciled, or where the protected person may reside in the future.
43 (2) The petition shall include the following:
44 (a) A certified copy of the foreign conservatorship order, including:
45 (i) All attachments describing the duties and powers of the conser-
46 vator; and
47 (ii) All amendments or modifications to the foreign conservatorship
48 order entered subsequent to the original order, including the order
49 to transfer the conservatorship, if applicable;
50 (b) The address of the foreign court from which the conservatorship was
51 issued;
7
1 (c) A listing of any other conservatorship petitions that are pending in
2 any jurisdiction and the names and addresses of the courts where the peti-
3 tions have been filed;
4 (d) The petitioner's name, residence, current address and relationship,
5 other than guardian, to the protected person;
6 (e) The name, age, principal residence and current address of the pro-
7 tected person;
8 (f) The name and address of the protected person's:
9 (i) Spouse; and
10 (ii) Adult children or, if the protected person has none, the pro-
11 tected person's parents and adult siblings or, if the protected per-
12 son has none, at least one (1) adult nearest in kinship to the pro-
13 tected person if such person can be found;
14 (g) The name and address of the person responsible for the care or cus-
15 tody of the protected person, if other than the conservator;
16 (h) The name and address of any legal representative, including a guard-
17 ian ad litem appointed by the foreign court, for the protected person;
18 (i) The reason(s) for the transfer of the conservatorship; and
19 (j) A general statement of the protected person's property, its location,
20 and its estimated value including any insurance or pension, and the source
21 and amount of any other anticipated income or receipts.
22 (3) The petition for receipt and acceptance of a foreign conservatorship
23 may be supplemented with other petitions related to the conservatorship,
24 including a petition to modify the terms of the conservatorship.
25 15-9-203. NOTICE OF PETITION FOR RECEIPT AND ACCEPTANCE OF A FOREIGN CON-
26 SERVATORSHIP. (1) Notice of the petition for receipt and acceptance of a for-
27 eign conservatorship shall be served personally on the protected person.
28 Except as provided in subsection (3) of this section, failure to serve the
29 protected person with the foregoing notice precludes the court from granting
30 the petition. The notice shall be in plain language and large type and shall:
31 (a) Include a statement that the protected person has a right to a hear-
32 ing on the petition for receipt and acceptance of a foreign conservator-
33 ship;
34 (b) Inform the protected person of procedures to exercise his or her
35 right to a hearing; and
36 (c) Describe the consequences of a transfer of the conservatorship from
37 the foreign jurisdiction to this state.
38 (2) Notice of the petition for receipt and acceptance of a foreign con-
39 servatorship shall be given to the court from which the guardianship is to be
40 transferred. Except as provided in subsection (3) of this section, failure to
41 give the foreign court notice of the petition for receipt and acceptance of a
42 foreign conservatorship or to procure the requested certifications and copies
43 of conservatorship documents precludes the court from granting the petition.
44 Notice to the foreign court shall include a request that the foreign court:
45 (a) Certify:
46 (i) That the foreign court has no knowledge that the conservator
47 has engaged in malfeasance, misfeasance or nonfeasance during his or
48 her appointment as conservator;
49 (ii) That periodic reports have been filed in a satisfactory manner;
50 (iii) That all bond or other security requirements imposed under the
51 conservatorship have been performed; and
52 (b) Forward copies of all documents filed with the foreign court relevant
53 to the conservatorship including, but not limited to:
54 (i) The initial petition for conservatorship and other filings rel-
8
1 evant to the appointment of the conservator;
2 (ii) Reports and recommendations of guardians ad litem, court visi-
3 tors, or other individuals appointed by the foreign court to evaluate
4 the appropriateness of the conservatorship;
5 (iii) Reports of physical or mental health practitioners describing
6 the capacity of the protected person to care for himself or herself
7 or to manage his or her affairs;
8 (iv) Periodic status reports on the condition of the protected per-
9 son and the protected person's assets; and
10 (v) The order to transfer the conservatorship, if any.
11 (3) The court may waive the notice provisions in subsections (1) and (2)
12 of this section if:
13 (a) The conservator has filed a petition in the foreign court to transfer
14 and release the conservatorship to this state;
15 (b) Notice was given to the protected person in conjunction with the
16 petition to transfer and release the conservatorship; and
17 (c) The petitioner provides the court with:
18 (i) A certified copy of the petition filed with the foreign court;
19 and
20 (ii) Proof of service on the protected person. Proof of service
21 shall not be dated more than ninety (90) days before the petition and
22 acceptance of a foreign conservatorship is filed in the court.
23 (4) The petitioner shall give notice of the petition for receipt and
24 acceptance of a foreign conservatorship to all other interested persons named
25 in the petition, including any legal counsel appointed or retained for the
26 protected person or any guardian ad litem or court visitor appointed for the
27 protected person. The notice shall include a statement informing these persons
28 of the right to object to the receipt and acceptance of the conservatorship
29 from the foreign jurisdiction to this state. Failure to give notice under this
30 subsection precludes the receipt and acceptance of the conservatorship.
31 (5) All persons receiving notice under this section shall have thirty
32 (30) days from the mailing of notice to request a hearing on the petition for
33 receipt and acceptance of the foreign conservatorship.
34 15-9-204. HEARING ON THE PETITION FOR RECEIPT AND ACCEPTANCE OF A FOREIGN
35 CONSERVATORSHIP. (1) On motion by the protected person, by a person named in
36 the petition, or by any other interested person, or on the court's own motion,
37 the court shall hold a hearing to consider the petition for receipt and accep-
38 tance of a foreign conservatorship.
39 (2) If the petition for receipt and acceptance of a foreign conservator-
40 ship includes a request to modify the provisions of the guardianship, the
41 court shall hold a hearing to consider the petition for receipt and acceptance
42 of a foreign conservatorship.
43 (3) All procedural rights associated with a conservatorship hearing
44 before the court shall be observed for any hearings on the petition for
45 receipt and acceptance of a foreign conservatorship.
46 (4) If any interested person receiving notice of the petition for receipt
47 and acceptance of a foreign conservatorship challenges the validity of the
48 foreign conservatorship or the authority of the foreign court to appoint the
49 conservator, the court may stay this proceeding while the petitioner is
50 afforded the opportunity to have the foreign court hear the challenge and
51 determine its merits.
52 15-9-205. REQUIREMENTS FOR RECEIPT AND ACCEPTANCE OF FOREIGN CONSERVATOR-
53 SHIP. (1) The court shall grant the petition for receipt and acceptance of a
9
1 foreign conservatorship provided that:
2 (a) The conservator is presently in good standing with the foreign court;
3 (b) The conservator is not moving or has not moved the protected person
4 or the protected person's property from the foreign jurisdiction for the
5 purpose of avoiding or circumventing the provisions of the conservatorship
6 order; and
7 (c) The transfer of the conservatorship from the foreign jurisdiction is
8 in the best interests of the protected person.
9 (2) In granting a petition for receipt and acceptance of a foreign con-
10 servatorship, the court shall give full faith and credit to the provisions of
11 the foreign conservatorship order concerning the determination of the pro-
12 tected person's incapacity and the rights, powers and duties of the conserva-
13 tor.
14 (3) Notwithstanding subsection (2) of this section, the court may modify
15 the provisions of the conservatorship with respect to surety bond requirements
16 or other administrative provisions to bring the conservatorship into compli-
17 ance with the laws of this state or the rules of the court.
18 (4) The court may require the conservator to file an accounting of the
19 protected person's property at the time of the transfer from the foreign
20 jurisdiction to the extent the conservator has control thereof.
21 (5) If the petition for receipt and acceptance of a foreign conservator-
22 ship is granted, the court shall coordinate with the foreign court to facili-
23 tate the orderly transfer of the conservatorship. To coordinate the transfer,
24 the court is authorized to:
25 (a) Delay the effective date of the receipt and acceptance;
26 (b) Make the receipt and acceptance contingent upon the release of the
27 conservatorship or the termination of the conservatorship and the dis-
28 charge of the conservator in the foreign jurisdiction;
29 (c) Recognize concurrent jurisdiction over the conservatorship for a rea-
30 sonable period of time to permit the foreign court to release the conser-
31 vatorship or to terminate the conservatorship and discharge the conserva-
32 tor in the foreign jurisdiction; or
33 (d) Make other arrangements that, in the sound discretion of the court,
34 are necessary to effectuate the receipt and acceptance of the conservator-
35 ship.
36 (6) The denial of a petition for receipt and acceptance of a conservator-
37 ship does not affect the right of a conservator appointed by a foreign court
38 of competent jurisdiction to petition for conservatorship under part 4, chap-
39 ter 5, title 15, Idaho Code.
40 15-9-206. REVIEW OF THE CONSERVATORSHIP. (1) Within a reasonable period
41 of time after the receipt and acceptance of the foreign conservatorship, the
42 court shall review the provisions of the conservatorship.
43 (2) As part of its review, the court shall inform the conservator and
44 protected person of services that may be available to the protected person.
45 (3) Upon petition by the conservator, by the protected person, or by
46 another interested person, the court may modify the type of appointment or
47 powers granted to the conservator in accordance with the provisions of part 4,
48 chapter 5, title 15, Idaho Code.
49 SECTION 7. That Title 15, Idaho Code, be, and the same is hereby amended
50 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
51 ter 10, Title 15, Idaho Code, and to read as follows:
10
1 CHAPTER 10
2 TRANSFERS OF GUARDIANSHIPS
3 AND CONSERVATORSHIPS TO A
4 FOREIGN JURISDICTION
5 PART 1.
6 TRANSFER OF GUARDIANSHIP TO A FOREIGN JURISDICTION
7 15-10-101. JURISDICTION. (1) A guardian may petition the court to trans-
8 fer a guardianship to a foreign court of competent jurisdiction if the ward
9 has moved permanently to the foreign jurisdiction.
10 (2) The ward may be presumed to have moved permanently to a foreign
11 jurisdiction if:
12 (a) He or she has resided in the foreign jurisdiction for more than
13 twelve (12) consecutive months;
14 (b) The guardian notifies the court that the ward intends to move or has
15 moved permanently to the foreign jurisdiction; or
16 (c) A foreign court of competent jurisdiction notifies the court of the
17 filing of a petition for guardianship of the ward in the foreign jurisdic-
18 tion.
19 (3) To facilitate the transfer, the court may order the guardian to file
20 a petition for receipt and acceptance of the guardianship by the foreign
21 jurisdiction.
22 (4) If the foreign jurisdiction does not have a procedure for receiving
23 and accepting a foreign guardianship, the court may order the guardian to file
24 a petition for guardianship in the foreign jurisdiction.
25 15-10-102. PETITION TO TRANSFER A GUARDIANSHIP TO A FOREIGN JURISDICTION.
26 The petition to transfer a guardianship to a foreign jurisdiction shall be
27 filed in the court that issued the guardianship order. The petition to trans-
28 fer the guardianship shall include the following:
29 (1) Name and address of the foreign court to which the guardianship will
30 be transferred;
31 (2) New or proposed address of the ward;
32 (3) Reason(s) for moving the ward;
33 (4) A certified copy of the petition for receipt and acceptance of a for-
34 eign guardianship, or petition for guardianship, if previously filed in the
35 foreign court; and
36 (5) A statement of the ward's expressions of approval or disapproval con-
37 cerning the transfer.
38 15-10-103. NOTICE OF PETITION TO TRANSFER A GUARDIANSHIP TO A FOREIGN
39 JURISDICTION. (1) Notice of the petition to transfer a guardianship to a for-
40 eign jurisdiction shall be served personally on the ward. The notice shall be
41 in plain language and large type and shall:
42 (a) Include a statement that the ward has a right to a hearing on the
43 petition to transfer the guardianship;
44 (b) Inform the ward of procedures to exercise his or her right to a hear-
45 ing; and
46 (c) Describe the consequences of a transfer of the guardianship.
47 (2) Notice of the petition to transfer a guardianship shall be given to
48 the foreign court to which the guardianship is to be transferred. Except as
49 provided in subsection (6) of this section, failure to give the foreign court
50 notice of the petition to transfer the guardianship precludes the court from
51 granting the petition.
11
1 (3) The petitioner shall give notice of the petition to transfer the
2 guardianship to a foreign jurisdiction. The notice shall include a statement
3 informing these persons of the right to object to the transfer of the guard-
4 ianship to a foreign jurisdiction. Failure to give notice under this subsec-
5 tion (3) precludes the transfer of the guardianship. The notice shall be given
6 to:
7 (a) The ward's spouse;
8 (b) The ward's adult children or, if the ward has none, the ward's par-
9 ents and adult siblings or, if the ward has none, at least one (1) adult
10 nearest in kinship to the ward if such adult can be found;
11 (c) The ward's legal representatives, if any, including the guardian ad
12 litem appointed by the court;
13 (d) The person responsible for the care or custody of the ward; and
14 (e) Other persons as directed by the court.
15 (4) Except as provided in subsection (1) of this section, notice of the
16 petition to transfer a guardianship to a foreign jurisdiction shall be made
17 according to section 15-5-309, Idaho Code.
18 (5) All persons to whom notice is given under this section shall have
19 thirty (30) days from the mailing of the notice to request a hearing on the
20 petition to transfer the guardianship to a foreign jurisdiction.
21 (6) The court may waive the notice requirement in subsections (1) through
22 (3) of this section if:
23 (a) The guardian has filed a petition for receipt and acceptance of a
24 foreign guardianship, or a petition for guardianship, in the foreign
25 court;
26 (b) Notice was given to the ward and all interested persons in conjunc-
27 tion with the petition for receipt and acceptance of a foreign guardian-
28 ship; and
29 (c) The petitioner provides the court with proof of service on the ward
30 and all interested persons. Proof of service shall be dated not more than
31 ninety (90) days before the petition to transfer the guardianship was
32 filed in the court.
33 15-10-104. HEARING ON THE PETITION TO TRANSFER A FOREIGN GUARDIANSHIP.
34 (1) On the court's own motion or on a motion by the ward or by any interested
35 person named in the petition, or by any other interested person, the court may
36 hold a hearing to consider the petition to transfer the guardianship to a for-
37 eign jurisdiction.
38 (2) All procedural rights associated with a guardianship hearing before
39 the court shall be observed for any hearings on the petition for transfer of a
40 guardianship to a foreign jurisdiction.
41 15-10-105. REQUIREMENTS TO TRANSFER THE GUARDIANSHIP TO A FOREIGN JURIS-
42 DICTION. (1) The court shall transfer a guardianship to a foreign court of
43 competent jurisdiction if:
44 (a) The guardian is presently in good standing with the court;
45 (b) The guardian is not moving or has not moved the ward or the ward's
46 property to the foreign jurisdiction for the purpose of avoiding or
47 circumventing the provisions to the guardianship order; and
48 (c) The transfer of the guardianship to the foreign jurisdiction is in
49 the best interests of the ward.
50 (2) The court shall coordinate efforts with the foreign court to facili-
51 tate the orderly transfer of the guardianship. To coordinate the transfer, the
52 court may:
53 (a) Notify the foreign court:
12
1 (i) Of any significant problems that may have occurred;
2 (ii) That periodic reports and accountings have been filed in a sat-
3 isfactory manner; and
4 (iii) That all bond and other security requirements imposed under the
5 guardianship have been performed;
6 (b) Forward copies of all documents filed with the court relevant to the
7 guardianship including, but not limited to:
8 (i) The initial petition for guardianship and other filings rele-
9 vant to the appointment of the guardian;
10 (ii) Reports and recommendations of guardians ad litem, court visi-
11 tors, or other individuals appointed by the court to evaluate the
12 appropriateness of the guardianship;
13 (iii) Reports of physical or mental health practitioners describing
14 the capacity of the ward to care for himself or herself or to manage
15 the ward's affairs;
16 (iv) Periodic status reports on the condition of the ward and the
17 ward's assets; and
18 (c) Require the guardian to file an accounting of the ward's property at
19 the time of the transfer to the foreign jurisdiction.
20 (3) As necessary to coordinate the transfer of the guardianship, the
21 court is authorized to:
22 (a) Delay the effective date of the transfer;
23 (b) Make the transfer contingent upon the acceptance of the guardianship
24 or appointment of the guardian in the foreign jurisdiction;
25 (c) Recognize concurrent jurisdiction over the guardianship for a reason-
26 able period of time to permit the foreign court to accept the guardianship
27 or appoint the guardian in the foreign jurisdiction; or
28 (d) Make other arrangements that, in the sound discretion of the court,
29 are necessary to transfer the guardianship.
30 PART 2.
31 TRANSFER OF CONSERVATORSHIP
32 TO A FOREIGN JURISDICTION
33 15-10-201. JURISDICTION. (1) A conservator may petition the court to
34 transfer a conservatorship to a foreign court of competent jurisdiction if the
35 protected person has moved permanently to the foreign jurisdiction.
36 (2) The protected person may be presumed to have moved permanently to a
37 foreign jurisdiction if:
38 (a) He or she has resided in the foreign jurisdiction for more than
39 twelve (12) consecutive months;
40 (b) The conservator notifies the court that the protected person intends
41 to move or has moved permanently to the foreign jurisdiction; or
42 (c) A foreign court of competent jurisdiction notifies the court of the
43 filing of a petition for conservatorship of the protected person in the
44 foreign jurisdiction.
45 (3) To facilitate the transfer, the court may order the conservator to
46 file a petition for receipt and acceptance of the conservatorship by the for-
47 eign jurisdiction.
48 (4) If the foreign jurisdiction does not have a procedure for receiving
49 and accepting a foreign conservatorship, the court may order the conservator
50 to file a petition for conservatorship in the foreign jurisdiction.
51 15-10-202. PETITION TO TRANSFER A CONSERVATORSHIP TO A FOREIGN JURISDIC-
52 TION. The petition to transfer a conservatorship to a foreign jurisdiction
13
1 shall be filed in the court that issued the conservatorship order. The peti-
2 tion to transfer the conservatorship shall include the following:
3 (1) Name and address of the foreign court to which the conservatorship
4 will be transferred;
5 (2) New or proposed address of the protected person;
6 (3) Reason(s) for moving the protected person;
7 (4) A certified copy of the petition for receipt and acceptance of a for-
8 eign conservatorship, or petition for conservatorship, if previously filed in
9 the foreign court; and
10 (5) A statement of the protected person's expressions of approval or dis-
11 approval concerning the transfer.
12 15-10-203. NOTICE OF PETITION TO TRANSFER A CONSERVATORSHIP TO A FOREIGN
13 JURISDICTION. (1) Notice of the petition to transfer a conservatorship to a
14 foreign jurisdiction shall be served personally on the protected person. The
15 notice shall be in plain language and large type and shall:
16 (a) Include a statement that the protected person has a right to a hear-
17 ing on the petition to transfer the conservatorship;
18 (b) Inform the protected person of procedures to exercise his or her
19 right to a hearing; and
20 (c) Describe the consequences of a transfer of the conservatorship.
21 (2) Notice of the petition to transfer a conservatorship shall be given
22 to the foreign court to which the conservatorship is to be transferred. Except
23 as provided in subsection (6) of this section, failure to give the foreign
24 court notice of the petition to transfer the conservatorship precludes the
25 court from granting the petition.
26 (3) The petitioner shall give notice of the petition to transfer the con-
27 servatorship to a foreign jurisdiction. The notice shall include a statement
28 informing these persons of the right to object to the transfer of the conser-
29 vatorship to a foreign jurisdiction. Failure to give notice under this subsec-
30 tion (3) precludes the transfer of the conservatorship. The notice shall be
31 given to:
32 (a) The protected person's spouse;
33 (b) The protected person's adult children or, if the protected person has
34 none, the protected person's parents and adult siblings or, if the pro-
35 tected person has none, at least one (1) adult nearest in kinship to the
36 protected person if such adult can be found;
37 (c) The protected person's legal representatives, if any, including the
38 conservator ad litem appointed by the court;
39 (d) The person responsible for the care or custody of the protected per-
40 son; and
41 (e) Other persons as directed by the court.
42 (4) Except as provided in subsection (1) of this section, notice of the
43 petition to transfer a conservatorship to a foreign jurisdiction shall be made
44 according to section 15-5-404, Idaho Code.
45 (5) All persons to whom notice is given under this section shall have
46 thirty (30) days from the mailing of the notice to request a hearing on the
47 petition to transfer the conservatorship to a foreign jurisdiction.
48 (6) The court may waive the notice requirement in subsections (1) through
49 (3) of this section if:
50 (a) The conservator has filed a petition for receipt and acceptance of a
51 foreign conservatorship, or a petition for conservatorship, in the foreign
52 court;
53 (b) Notice was given to the protected person and all interested persons
54 in conjunction with the petition for receipt and acceptance of a foreign
14
1 conservatorship; and
2 (c) The petitioner provides the court with proof of service on the pro-
3 tected person and all interested persons. Proof of service shall be dated
4 not more than ninety (90) days before the petition to transfer the conser-
5 vatorship was filed in the court.
6 15-10-204. HEARING ON THE PETITION TO TRANSFER A FOREIGN CONSERVATORSHIP.
7 (1) On the court's own motion or on a motion by the protected person or by any
8 interested person named in the petition, or by any other interested person,
9 the court may hold a hearing to consider the petition to transfer the conser-
10 vatorship to a foreign jurisdiction.
11 (2) All procedural rights associated with a conservatorship hearing
12 before the court shall be observed for any hearings on the petition for trans-
13 fer of a conservatorship to a foreign jurisdiction.
14 15-10-205. REQUIREMENTS TO TRANSFER THE CONSERVATORSHIP TO A FOREIGN
15 JURISDICTION. (1) The court shall transfer a conservatorship to a foreign
16 court of competent jurisdiction if:
17 (a) The conservator is presently in good standing with the court;
18 (b) The conservator is not moving or has not moved the protected person
19 or the protected person's property to the foreign jurisdiction for the
20 purpose of avoiding or circumventing the provisions to the conservatorship
21 order; and
22 (c) The transfer of the conservatorship to the foreign jurisdiction is in
23 the best interests of the protected person.
24 (2) The court shall coordinate efforts with the foreign court to facili-
25 tate the orderly transfer of the conservatorship. To coordinate the transfer,
26 the court may:
27 (a) Notify the foreign court:
28 (i) Of any significant problems that may have occurred;
29 (ii) That periodic reports and accountings have been filed in a sat-
30 isfactory manner; and
31 (iii) That all bond and other security requirements imposed under the
32 conservatorship have been performed;
33 (b) Forward copies of all documents filed with the court relevant to the
34 conservatorship including, but not limited to:
35 (i) The initial petition for conservatorship and other filings rel-
36 evant to the appointment of the conservator;
37 (ii) Reports and recommendations of conservators ad litem, court
38 visitors, or other individuals appointed by the court to evaluate the
39 appropriateness of the conservatorship;
40 (iii) Reports of physical or mental health practitioners describing
41 the capacity of the protected person to care for himself or herself
42 or to manage the protected person's affairs;
43 (iv) Periodic status reports on the condition of the protected per-
44 son and the protected person's assets; and
45 (c) Require the conservator to file an accounting of the protected
46 person's property at the time of the transfer to the foreign jurisdiction.
47 (3) As necessary to coordinate the transfer of the conservatorship, the
48 court is authorized to:
49 (a) Delay the effective date of the transfer;
50 (b) Make the transfer contingent upon the acceptance of the conservator-
51 ship or appointment of the conservator in the foreign jurisdiction;
52 (c) Recognize concurrent jurisdiction over the conservatorship for a rea-
53 sonable period of time to permit the foreign court to accept the conserva-
15
1 torship or appoint the conservator in the foreign jurisdiction; or
2 (d) Make other arrangements that, in the sound discretion of the court,
3 are necessary to transfer the conservatorship.
4 SECTION 8. That Title 15, Idaho Code, be, and the same is hereby amended
5 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
6 ter 11, Title 15, Idaho Code, and to read as follows:
7 CHAPTER 11
8 TEMPORARY RECOGNITION OF FOREIGN GUARDIANSHIPS AND
9 CONSERVATORSHIPS
10 PART 1.
11 TEMPORARY RECOGNITION OF FOREIGN GUARDIANSHIPS
12 15-11-101. JURISDICTION. A guardian who is appointed by a foreign court
13 of competent jurisdiction for an incapacitated person (hereinafter "ward")
14 temporarily located in this state or whose property is located in this state,
15 may petition to have the guardianship recognized in this state. For purposes
16 of this part, "temporary" means a period of time not to exceed twelve (12)
17 consecutive months.
18 15-11-102. PETITION AND NOTICE. (1) The petition for temporary recogni-
19 tion of a foreign guardianship shall be filed in the court where the ward or
20 the ward's property is located.
21 (2) The petition shall include the following:
22 (a) A certified copy of the foreign guardianship order including:
23 (i) All attachments describing the duties and powers of the guard-
24 ian; and
25 (ii) All amendments or modifications to the foreign guardianship
26 order entered subsequent to the original order;
27 (b) The address of the foreign court from which the guardianship order
28 was issued;
29 (c) The name of the judicial officer who authorized the foreign guardian-
30 ship;
31 (d) An explanation of the need for temporary recognition of the foreign
32 guardianship at this time; and
33 (e) A general statement of the ward's property located in this state and
34 its estimated value.
35 (3) Notice of the petition for temporary recognition of a foreign guard-
36 ianship shall be given to the foreign court from which the guardianship orders
37 were issued. Failure to give the foreign court notice of the petition for tem-
38 porary recognition of a foreign guardianship precludes the court from granting
39 the petition.
40 15-11-103. REQUIREMENTS FOR TEMPORARY RECOGNITION OF A FOREIGN GUARDIAN-
41 SHIP. (1) Upon satisfaction of the notice and petition requirements in section
42 15-11-102, Idaho Code, the foreign guardian shall be appointed guardian of the
43 ward in this state without further notice or hearing. The guardianship shall
44 be valid for up to twelve (12) months from the date of the appointment. Upon
45 such appointment, the foreign guardian may deal with the ward in the same man-
46 ner as a resident guardian. The foreign guardian shall account to the court of
47 his or her original appointment for his or her actions in this state regarding
48 the ward. The court, as a condition of appointment, may require the foreign
49 guardian to appoint a resident agent for service of process and post an ade-
16
1 quate surety bond or other security device to insure the faithful performance
2 of his or her duties.
3 (2) A certified copy of the approved account shall be filed with the
4 court prior to the discharge of the foreign guardian as guardian in this
5 state.
6 PART 2.
7 TEMPORARY RECOGNITION OF FOREIGN CONSERVATORSHIPS
8 15-11-201. JURISDICTION. A conservator who is appointed by a foreign
9 court of competent jurisdiction for an incapacitated person (hereinafter
10 "protected person") temporarily located in this state or whose property is
11 located in this state, may petition to have the conservatorship recognized in
12 this state. For purposes of this part, "temporary" means a period of time not
13 to exceed twelve (12) consecutive months.
14 15-11-202. PETITION AND NOTICE. (1) The petition for temporary recogni-
15 tion of a foreign conservatorship shall be filed in the court where the pro-
16 tected person or the protected person's property is located.
17 (2) The petition shall include the following:
18 (a) A certified copy of the foreign conservatorship order including:
19 (i) All attachments describing the duties and powers of the conser-
20 vator; and
21 (ii) All amendments or modifications to the foreign conservatorship
22 order entered subsequent to the original order;
23 (b) The address of the foreign court from which the conservatorship order
24 was issued;
25 (c) The name of the judicial officer who authorized the foreign conserva-
26 torship;
27 (d) An explanation of the need for temporary recognition of the foreign
28 conservatorship at this time; and
29 (e) A general statement of the protected person's property located in
30 this state and its estimated value.
31 (3) Notice of the petition for temporary recognition of a foreign conser-
32 vatorship shall be given to the foreign court from which the conservatorship
33 orders were issued. Failure to give the foreign court notice of the petition
34 for temporary recognition of a foreign conservatorship precludes the court
35 from granting the petition.
36 15-11-203. REQUIREMENTS FOR TEMPORARY RECOGNITION OF A FOREIGN CONSERVA-
37 TORSHIP. (1) Upon satisfaction of the notice and petition requirements in sec-
38 tion 15-11-202, Idaho Code, the foreign conservator shall be appointed conser-
39 vator of the protected person in this state without further notice or hearing.
40 The conservatorship shall be valid for up to twelve (12) months from the date
41 of the appointment. Upon such appointment, the foreign conservator may deal
42 with the protected person in the same manner as a resident conservator. The
43 foreign conservator shall account to the court of his or her original appoint-
44 ment for his or her actions in this state regarding the protected person. The
45 court, as a condition of appointment, may require the foreign conservator to
46 appoint a resident agent for service of process and post an adequate surety
47 bond or other security device to insure the faithful performance of his or her
48 duties.
49 (2) A certified copy of the approved account shall be filed with the
50 court prior to the discharge of the foreign conservator as conservator in this
51 state.
STATEMENT OF PURPOSE
RS 15776C1
The Uniform Probate Code, as adopted in Idaho in 1972, and
contained in Title Fifteen of the Idaho Code, has very minimal
provisions for transferring conservatorships and/or guardianships
into or out of the State, or for temporary recognition of foreign
conservatorships or guardianships. The National College of
Probate Judges has prepared a uniform act on such transfers and
other subjects. That uniform act is the basis for this bill.
The bill modifies the uniform act to fit the Idaho Probate Code,
which segregates guardianship and conservatorships into different
areas of the probate code, as opposed to the uniform act, which
has a single set of provisions for guardianships in general.
Sections One through Four amend existing portions of the Idaho
Probate Code to properly reference the new portions of the code
created by the uniform act. Section Five deletes section 15-5-
432, which is covered in the uniform act in Chapter Eleven, Parts
One and Two. Starting at Section Six, new Chapters Nine, Ten,
and Eleven of Title Fifteen are created.
Chapter Nine, Part One, provides for having a foreign
guardianship transferred to and accepted in Idaho. The Chapter
sets forth the proper form and contents of the Petition to be
filed in the Idaho court, describes the requirements for notice
(which includes notice to the foreign court that granted the
guardianship initially), It details the requirements of the
hearing on the Petition and the methods and conditions under
which the Idaho court accepts or denies the Petition. It also
provides for an Idaho review of the guardianship. Chapter Nine,
Part Two, similarly provides for having a foreign
conservatorship transferred to and accepted in Idaho, essentially
paralleling Part One.
Chapter Ten, Parts One and Two, again in parallel, cover the
transfer of a guardianship or conservatorship from Idaho to a
foreign jurisdiction. The Parts set forth in detail exactly what
hearings are required and what findings the Idaho court must make
to approve the transfer. Among other requirements, the guardian
or conservator must be in full compliance with all statutory
requirements in Idaho and cannot be moving the ward or protected
person as an attempt to avoid compliance with Idaho law. The
Idaho court coordinates with the proposed foreign court,
including notifying the foreign court of the current and past
status of the guardianship/conservatorship, with details on
prior accountings and problems. The Idaho court can require that
the guardian or conservator file a concurrent proceeding in the
foreign jurisdiction.
Chapter Eleven, Parts One and Two, in parallel, allows the
temporary recognition of foreign guardianships and
conservatorships in Idaho. This procedure, greatly more detailed
than existing section 15-5-432, which this bill deletes, can be
very helpful when property of the protected person is located in
Idaho, but the person remains in the other jurisdiction, or when
the person is temporarily in Idaho but will be returning to the
foreign state. The temporary recognition is limited to twelve
months. Bond can be required.
The net effect of this bill is to provide a detailed and precise
method for transferring and receiving guardianships and
conservatorships and for recognizing foreign guardianships and
conservatorships on a temporary basis. It is a uniform act and
therefore has the potential of becoming a method used throughout
much of the United States.
FISCAL NOTE
This bill will have no fiscal impact.
Contact
Name: Robert L. Aldridge
Phone: 208-336-9880
STATEMENT OF PURPOSE/FISCAL NOTE S 1326