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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
]]]] 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
2 RELATING TO THE UNIFORM PROBATE CODE; AMENDING SECTION 15-5-309, IDAHO CODE,
3 TO REVISE PROVISIONS APPLICABLE TO NOTICES IN GUARDIANSHIP PROCEEDINGS AND
4 TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 15-5-405, IDAHO CODE,
5 TO REVISE NOTICE PROVISIONS.
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.
2
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
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.
CONTACT:
Name: Robert L. Aldridge, Trust & Estate Professionals of
Idaho, Inc.
Telephone:
office: (208) 336-9880 Cell: (208) 631-2481
STATEMENT OF PURPOSE/FISCAL NOTE S 1058