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S1326................................................by JUDICIARY AND RULES
GUARDIANSHIPS/CONSERVATORSHIPS - Amends and adds to existing law relating
to foreign guardianships and conservatorships to provide for jurisdiction
for a developmentally disabled person; to provide for receipt and
acceptance of foreign guardianship or conservatorship, to provide for
transfer of guardianship or conservatorship to a foreign jurisdiction; and
to provide for temporary recognition of foreign guardianship or
conservatorship of a developmentally disabled person.
01/22 Senate intro - 1st rdg - to printing
01/23 Rpt prt - to Jud
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/08 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Davis, Jorgenson
Floor Sponsor - Burkett
Title apvd - to House
02/11 House intro - 1st rdg - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barrett, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(24), Smith(30), Snodgrass,
Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35)
NAYS -- None
Absent and excused -- Bayer, Henbest, Luker, Stevenson, Mr. Speaker
Floor Sponsor - Bock
Title apvd - to Senate
03/04 To enrol
03/05 Rpt enrol - Pres signed
03/06 Sp signed
03/07 To Governor
03/11 Governor signed
Session Law Chapter 73
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1326 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO FOREIGN GUARDIANSHIPS AND CONSERVATORSHIPS; AMENDING SECTIONS 3 15-9-101, 15-9-201, 15-10-101, 15-10-201 AND 15-11-101, IDAHO CODE, TO 4 PROVIDE FOR JURISDICTION FOR A DEVELOPMENTALLY DISABLED PERSON; AND AMEND- 5 ING CHAPTER 4, TITLE 66, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 6 66-415, 66-416 AND 66-417, IDAHO CODE, TO PROVIDE FOR RECEIPT AND ACCEP- 7 TANCE OF FOREIGN GUARDIANSHIP OR CONSERVATORSHIP, TO PROVIDE FOR TRANSFER 8 OF GUARDIANSHIP OR CONSERVATORSHIP TO A FOREIGN JURISDICTION AND TO PRO- 9 VIDE FOR TEMPORARY RECOGNITION OF FOREIGN GUARDIANSHIP OR CONSERVATORSHIP 10 OF DEVELOPMENTALLY DISABLED PERSON. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 15-9-101, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 15-9-101. JURISDICTION. A guardian who is appointed by a foreign court of 15 competent jurisdiction for an incapacitated or developmentally disabled person 16 (hereinafter "ward") residing or domiciled in this state may petition to have 17 the guardianship transferred and accepted in this state. 18 SECTION 2. That Section 15-9-201, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 15-9-201. JURISDICTION. A conservator who is appointed by a foreign court 21 of competent jurisdiction for an incapacitated or developmentally disabled 22 person (hereinafter "protected person") residing in or domiciled in this 23 state, may petition to have the conservatorship transferred to and accepted in 24 this state. 25 SECTION 3. That Section 15-10-101, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 15-10-101. JURISDICTION. (1) A guardian may petition the court to trans- 28 fer a guardianship to a foreign court of competent jurisdiction if the ward or 29 developmentally disabled person has moved permanently to the foreign jurisdic- 30 tion. 31 (2) The ward or developmentally disabled person may be presumed to have 32 moved permanently to a foreign jurisdiction if: 33 (a) He or she has resided in the foreign jurisdiction for more than 34 twelve (12) consecutive months; 35 (b) The guardian notifies the court that the ward or developmentally dis- 36 abled person intends to move or has moved permanently to the foreign 37 jurisdiction; or 38 (c) A foreign court of competent jurisdiction notifies the court of the 39 filing of a petition for guardianship of the ward or developmentally dis- 2 1 abled person in the foreign jurisdiction. 2 (3) To facilitate the transfer, the court may order the guardian to file 3 a petition for receipt and acceptance of the guardianship by the foreign 4 jurisdiction. 5 (4) If the foreign jurisdiction does not have a procedure for receiving 6 and accepting a foreign guardianship, the court may order the guardian to 7 file a petition for guardianship in the foreign jurisdiction. 8 SECTION 4. That Section 15-10-201, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 15-10-201. JURISDICTION. (1) A conservator may petition the court to 11 transfer a conservatorship to a foreign court of competent jurisdiction if the 12 protected or developmentally disabled person has moved permanently to the for- 13 eign jurisdiction. 14 (2) The protected or developmentally disabled person may be presumed to 15 have moved permanently to a foreign jurisdiction if: 16 (a) He or she has resided in the foreign jurisdiction for more than 17 twelve (12) consecutive months; 18 (b) The conservator notifies the court that the protected or developmen- 19 tally disabled person intends to move or has moved permanently to the for- 20 eign jurisdiction; or 21 (c) A foreign court of competent jurisdiction notifies the court of the 22 filing of a petition for conservatorship of the protected or developmen- 23 tally disabled person in the foreign jurisdiction. 24 (3) To facilitate the transfer, the court may order the conservator to 25 file a petition for receipt and acceptance of the conservatorship by the for- 26 eign jurisdiction. 27 (4) If the foreign jurisdiction does not have a procedure for receiving 28 and accepting a foreign conservatorship, the court may order the conservator 29 to file a petition for conservatorship in the foreign jurisdiction. 30 SECTION 5. That Section 15-11-101, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 15-11-101. JURISDICTION. A guardian who is appointed by a foreign court 33 of competent jurisdiction for an incapacitated or developmentally disabled 34 person (hereinafter "ward") temporarily located in this state or whose prop- 35 erty is located in this state, may petition to have the guardianship recog- 36 nized in this state. For purposes of this part, "temporary" means a period of 37 time not to exceed twelve (12) consecutive months. 38 SECTION 6. That Chapter 4, Title 66, Idaho Code, be, and the same is 39 hereby amended by the addition thereto of NEW SECTIONS, to be known and des- 40 ignated as Sections 66-415, 66-416 and 66-417, Idaho Code, and to read as fol- 41 lows: 42 66-415. RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP OR CONSERVATOR- 43 SHIP. The receipt and acceptance of a foreign guardianship or conservatorship 44 of a developmentally disabled person shall be regulated as set forth under 45 chapter 9, title 15, Idaho Code. 46 66-416. TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO A FOREIGN JURIS- 47 DICTION. The transfer of a guardianship or conservatorship of a developmen- 48 tally disabled person to a foreign jurisdiction shall be regulated as set 3 1 forth under chapter 10, title 15, Idaho Code. 2 66-417. TEMPORARY RECOGNITION OF FOREIGN GUARDIANSHIP OR CONSERVATORSHIP 3 OF DEVELOPMENTALLY DISABLED PERSON. The temporary recognition of a foreign 4 guardianship or conservatorship of a developmentally disabled person shall be 5 regulated as set forth under chapter 11, title 15, Idaho Code.
STATEMENT OF PURPOSE
RS: 17504
There are no Idaho statutes or laws enacted that regulate or
provide guidance in regards to the transfer, to or from Idaho, or
temporary recognition in Idaho of foreign guardianships or
conservatorships of developmentally disabled persons, but such
regulations and guidelines for the transfer or temporary
recognition of foreign guardianships or conservatorships of
developmentally disabled persons should be in place to ensure the
well being of the developmentally disabled relocating to or from
Idaho. The Idaho Code does regulate the temporary recognition of
foreign guardianships and conservatorships of incapacitated persons
under Title 15 Chapters 10 and 11 and the Idaho Code does regulate
the transfer of foreign guardianships and conservatorships of
incapacitated persons under Title 15 Chapter 9. Research in other
States shows that most States cover transfer and temporary
recognition of developmentally disabled guardianships and
conservatorships in the same manner as transfer and temporary
recognition of any other type of guardianship or conservatorship.
Therefore, this Bill incorporates the existing Idaho code methods
for transfer and temporary recognition of developmental disabled
guardianships or conservatorships by cross-reference in the
developmentally disabled code sections to the appropriate existing
sections of Idaho Code for other types of guardianships or
conservatorships.
However, the terms used in the Probate Code (Title 15) for persons
under a guardianship ("ward") or conservatorship ("protected
person") are not used in the Developmentally Disabled Statutes
(Title 66). Therefore, the insertion of additional language in
Title 15 is required, as set forth in Sections One through Five of
the Bill. Sections Six through Eight provide the cross-references
from Title 66 to Title 15.
FISCAL NOTE
This bill will have no fiscal impact.
CONTACT:
Robert L. Aldridge, Trust & Estate Professionals of Idaho, Inc.
Telephone: office: (208) 336-9880 Cell: (208) 631-2481
STATEMENT OF PURPOSE/FISCAL NOTE S1326