2008 Legislation
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SENATE BILL NO. 1325<br /> – Conservators, appointment, priority


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Bill Status

S1325................................................by JUDICIARY AND RULES
CONSERVATORS - Amends existing law to revise the priority of who may be
appointed conservator.

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
02/12    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Gannon
    Floor Sponsor - Jorgenson
    Title apvd - to House
02/13    House intro - 1st rdg - to Jud
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 60-0-10
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Bock, Boe,
      Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Roberts, Ruchti,
      Rusche, Sayler, Shepherd(02), Shepherd(08), Shively, Smith(30),
      Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Vander Woude,
      Wood(27), Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Black, Block, Raybould, Ringo, Schaefer,
      Shirley, Trail, Wills, Wood(35)
    Floor Sponsor - Luker
    Title apvd - to Senate
03/11    To enrol
03/12    Rpt enrol - Pres signed - Sp signed
03/13    To Governor
03/17    Governor signed
         Session Law Chapter 145
         Effective: 07/01/08

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1325

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT

  5    Be It Enacted by the Legislature of the State of Idaho:

  6        SECTION 1.  That Section 15-5-410, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:

  8        15-5-410.  WHO  MAY BE APPOINTED CONSERVATOR -- PRIORITIES. (a1) The court
  9    may appoint an individual, except as set forth  hereafter,  or  a  corporation
 10    with general power to serve as trustee, as conservator of the estate of a pro-
 11    tected  person. The following are entitled to consideration for appointment in
 12    the order listed:
 13        (1a)  aAn individual or corporation nominated by the protected  person  if
 14        he  is  fourteen  (14) or more years of age and has, in the opinion of the
 15        court, sufficient mental capacity to make an intelligent choice;
 16        (b)  The individual or corporation nominated as conservator  of  the  pro-
 17        tected  person in the financial power of attorney of the protected person,
 18        or if no such nomination is made therein, the  individual  or  corporation
 19        nominated as agent therein, provided that:
 20             (i)   If  the nomination is of coconservators, or coagents, as appro-
 21             priate, the court may consider whether appointment of  coconservators
 22             is  in  the  best interests of the protected person or whether a sole
 23             conservator should be appointed;
 24             (ii)  If several individuals or corporations are nominated  in  order
 25             of  priority, the court shall consider such nominations in that order
 26             of priority; and
 27             (iii) If more than one (1) financial power of attorney  made  by  the
 28             protected  person  exists,  the court shall determine which financial
 29             power of attorney is appropriate to be the basis for nomination of  a
 30             conservator;
 31        (2c)  tThe spouse of the protected person;
 32        (3d)  aAn adult child of the protected person;
 33        (4e)  aA  conservator,  guardian of property or other like fiduciary, (but
 34        not a fiduciary serving only as a trustee), appointed or recognized by the
 35        appropriate court of any other jurisdiction in which the protected  person
 36        resides;
 37        (5f)  aA parent of the protected person, or a person nominated by the will
 38        of a deceased parent;
 39        (6g)  aAny  relative  of the protected person with whom he has resided for
 40        more than six (6) months prior to the filing of the petition;
 41        (7h)  aA person nominated by the person who is caring for  him  or  paying
 42        benefits to him.
 43        (b2)  A  person  in priorities (2c), (3d),  (4e), (5f), or (6g) of subsec-


  1    tion (a1) of this section may nominate in writing a person  to  serve  in  his
  2    stead.  With  respect to persons having equal priority, the court is to select
  3    the one who is best qualified of those willing to serve. The  court  for  good
  4    cause, may pass over a person having priority and appoint a person having less
  5    priority or no priority.
  6        (c3)  No convicted felon shall be appointed as a conservator of the estate
  7    of  a protected person unless the court finds by clear and convincing evidence
  8    that such appointment is in the best interests of the protected person.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS: 17503

As a similar bill is providing for nomination of a guardian, the
ability of an incapacitated person to nominate a conservator has
generally been believed to include the nomination through naming
the person as the agent in a financial power of attorney.  This
bill makes that nomination status clear.  Additionally, the Uniform
Power of Attorney act currently before the legislature provides for
the ability of a person to make an actual nomination of a
conservator within a financial power of attorney, and this bill
also recognizes that nomination, and clarifies various factual
situations that may arise, such as co-agents, or multiple financial
powers (for example, a person might have both a limited power of
attorney for certain types of actions and a concurrent general
power of attorney).

                          FISCAL NOTE

This bill will have no fiscal impact.

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

STATEMENT OF PURPOSE/FISCAL NOTE                       S 1325