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S1383................................................by JUDICIARY AND RULES
MINORS - GUARDIAN - Amends existing law to revise the qualifications for a
court appointed guardian of a minor; and to provide an additional power and
duty of a guardian of a minor.
02/07 Senate intro - 1st rdg - to printing
02/08 Rpt prt - to Jud
02/19 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 29-1-5
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McKenzie, Pearce, Richardson, Schroeder,
Siddoway
NAYS -- Werk
Absent and excused -- Burkett, McGee, McKague, Stegner, Stennett
Floor Sponsor - Richardson
Title apvd - to House
02/22 House intro - 1st rdg - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1383 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO GUARDIANS OF MINORS; AMENDING SECTION 15-5-206, IDAHO CODE, TO 3 REVISE THE QUALIFICATIONS FOR A COURT APPOINTED GUARDIAN OF A MINOR; AND 4 AMENDING SECTION 15-5-209, IDAHO CODE, TO PROVIDE AN ADDITIONAL POWER AND 5 DUTY OF A GUARDIAN OF A MINOR AND TO MAKE TECHNICAL CORRECTIONS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 15-5-206, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 15-5-206. COURT APPOINTMENT OF GUARDIAN OF MINOR -- QUALIFICATIONS -- 10 PRIORITY OF MINOR'S NOMINEE. The court may appoint as guardian any person 11 whose appointment would be in the best interests of the minor. The court shall 12 appoint a person nominated by the minor, if the minor is fourteen (14) years 13 of age or older, unless the court finds the appointment contrary to the best 14 interests of the minor. No convicted felon, or person whose residence is the 15 minor's proposed residence or will be frequented by the minor and is 16 frequented by a convicted felon, shall be appointed as a guardian of the 17 minor, unless the court finds by clear and convincing evidence that such 18 appointment is in the best interests of the minor. 19 SECTION 2. That Section 15-5-209, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 15-5-209. POWERS AND DUTIES OF GUARDIAN OF MINOR. A guardian of a minor 22 has the powers and responsibilities of a parent who has not been deprived of 23 custody of his minor and unemancipated child, except that a guardian is not 24 legally obligated to provide from his own funds for the ward and is not liable 25 to third persons by reason of the parental relationship for acts of the ward. 26 In particular, and without qualifying the foregoing, a guardian has the fol- 27 lowing powers and duties: 28 (a1) He must take reasonable care of his ward's personal effects and com- 29 mence protective proceedings if necessary to protect other property of the 30 ward. 31 (b2) He may receive money payable for the support of the ward to the 32 ward's parent, guardian or custodian under the terms of any statutory benefit 33 or insurance system, or any private contract, devise, trust, conservatorship 34 or custodianship. He also may receive money or property of the ward paid or 35 delivered by virtue of section 15-5-103,of this codeIdaho Code. Any sums so 36 received shall be applied to the ward's current needs for support, care and 37 education. He must exercise due care to conserve any excess for the ward's 38 future needs unless a conservator has been appointed for the estate of the 39 ward, in which case excess shall be paid over at least annually to the conser- 40 vator. Sums so received by the guardian are not to be used for compensation 41 for his services except as approved by order of court or as determined by a 2 1 duly appointed conservator other than the guardian. A guardian may institute 2 proceedings to compel the performance by any person of a duty to support the 3 ward or to pay sums for the welfare of the ward. 4 (c3) The guardian is empowered to facilitate the ward's education, 5 social, or other activities and to authorize medical or other professional 6 care, treatment, or advice. A guardian is not liable by reason of this con- 7 sent for injury to the ward resulting from the negligence or acts of third 8 persons unless it would have been illegal for a parent to have consented. A 9 guardian may consent to the marriage or adoption of his ward. 10 (d4) A guardian must report the condition of his ward and of the ward's 11 estate which has been subject to his possession or control, as ordered by 12 court on petition of any person interested in the minor's welfare or as 13 required by court rule. 14 (5) The guardian shall take reasonable measures to ensure that a con- 15 victed felon does not reside with, care for or visit the minor without court 16 approval.
STATEMENT OF PURPOSE
RS 17802
Idaho law currently provides that a convicted felon should not be
appointed guardian of an adult incapacitated person unless the
court finds that such appointment is in the best interests of the
incapacitated person. A companion bill, Senate Bill 1327, extends
that provision to provide that a convicted felon cannot reside at
the residence of the proposed guardian, or frequent that residence,
and thereby endanger the incapacitated person, unless the court
finds similarly that the appointment of the guardian is still in
the best interests of the incapacitated person. This bill provides
the same protections to the appointment of the guardian of a minor.
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 1383