2007 Legislation
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SENATE BILL NO. 1058 – Guardianship proceedings, notice


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Bill Status

S1058................................................by JUDICIARY AND RULES
GUARDIANSHIP - Amends existing law to revise provisions applicable to
notices in guardianship proceedings; and to revise other notice provisions.
01/29    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to Jud
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/09    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
      Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Coiner, Davis, Malepeai
    Floor Sponsor - Burkett
    Title apvd - to House
02/12    House intro - 1st rdg - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
      Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Labrador, Nielsen, Ringo, Wills
    Floor Sponsor - Bock
    Title apvd - to Senate
03/07    To enrol
03/08    Rpt enrol - Pres signed - Sp signed
03/09    To Governor
03/14    Governor signed
         Session Law Chapter 70
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                                    SENATE BILL NO. 1058
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 15-5-309, Idaho Code, be, and the same is  hereby
  8    amended to read as follows:
  9        15-5-309.  NOTICES  IN  GUARDIANSHIP PROCEEDINGS. (a1) In a proceeding for
 10    the appointment or removal of a guardian of an incapacitated  person  and,  if
 11    notice  is  required  in a proceeding for appointment of a temporary guardian,
 12    notice of hearing shall be given to each of the following:
 13        (1a)  tThe ward or the person alleged to be incapacitated and his  spouse,
 14        or, if none, his adult children or if none, his parents;
 15        (2b)  aAny  person  who is serving as his guardian, conservator or who has
 16        his care and custody;
 17        (3c)  iIn case no other person is notified under  subsection  (a1)(1a)  of
 18        this  section, at least one (1) of his closest adult relatives, if any can
 19        be found; and
 20        (4d)  aAny person who has filed a request for notice under this section.
 21        (b2)  Notice shall be served personally on the alleged incapacitated  per-
 22    son. Notices to other persons as required by this section shall be served per-
 23    sonally  if  the  person  to be notified can be found within the state. In all
 24    other cases, required notices shall be given as provided in section  15-1-401,
 25    Idaho  of  this  cCode. Waiver of notice by the person alleged to be incapaci-
 26    tated is not effective unless he attends the hearing or his waiver  of  notice
 27    is  confirmed  in  an  interview with by the visitor or the guardian ad litem.
 28    Representation of the alleged incapacitated person by a guardian ad  litem  is
 29    not necessary.
 30        (c3)  Any  person  desiring  notice of any order or filing in a proceeding
 31    involving an alleged incapacitated person in whom he is interested may file  a
 32    request  for notice with the court stating his name, the name of the incapaci-
 33    tated person, the nature of the requesting person's interest, and  address  or
 34    that  of  his  attorney.  Upon payment of any fee required by statute or court
 35    rule, the clerk shall mail a copy of the request to the guardian  if  one  has
 36    been  appointed  or  to  the  petitioner if there is no guardian. A request is
 37    effective only as to matters occurring  after  its  filing.  Any  governmental
 38    agency paying or planning to pay benefits to the alleged incapacitated person,
 39    or any public or charitable agency that regularly concerns itself with methods
 40    for  preventing  unnecessary  and  overly-intrusive  court intervention in the
 41    affairs of persons for whom guardians may be sought and that seeks to partici-
 42    pate in the proceedings, as an interested person in a guardianship proceeding.
  1        SECTION 2.  That Section 15-5-405, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
  3        15-5-405.  NOTICE.  (a)  On a petition for appointment of a conservator or
  4    other protective order, the person  to  be  protected  and  his  non-estranged
  5    spouse  or, if none, his parents, must be served personally with notice of the
  6    proceedings at least fourteen (14) days  before the date of  hearing  if  they
  7    can  be  found within the state, or, if they cannot be found within the state,
  8    they, any other guardian or conservator and any government agency paying bene-
  9    fits to the person sought to be protected (if the person seeking the  appoint-
 10    ment has knowledge of the existence of these benefits) must be given notice in
 11    accordance with section 15-1-401 of this code. Waiver by the person to be pro-
 12    tected  is not effective unless the proceedings are limited to payment of vet-
 13    erans administration benefits, he attends the hearing or, unless  minority  is
 14    the  reason  for  the proceeding, waiver is confirmed in an interview with the
 15    visitor.
 16        (b)  Notice of a petition for appointment of a conservator or  other  ini-
 17    tial protective order and of any subsequent hearing, must be given to any per-
 18    son who has filed a request for notice under section 15-5-406 of this Part and
 19    to  interested  persons  and  other persons as the court may direct. Except as
 20    otherwise provided in subsection (a) of this section, notice shall be given in
 21    accordance with section 15-1-401 of this code On a petition for appointment of
 22    a conservator or other protective order, notice shall be given  in  accordance
 23    with section 15-5-309, Idaho Code.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 16720

     Service of notice and of pleadings, motions, and so forth,
under the Idaho Probate Code for conservatorships and guardianships,
except for service on the incapacitated person, has always been by
mail or similar means, rather than service by a process server. 
However, the Probate Code itself contains language which  may be
read as contrary to this long standing method.  This bill removes
that contrary language and conforms the statutes to the actual
practice in Idaho.

                          FISCAL NOTE

     This bill will have no fiscal impact.

Name:      Robert L. Aldridge, Trust & Estate Professionals of
           Idaho, Inc.
office:    (208) 336-9880  Cell: (208) 631-2481

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1058