2008 Legislation
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SENATE BILL NO. 1383<br /> – Minor, court appointed guardian

SENATE BILL NO. 1383

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Bill Status



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

Bill Text




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

                                                                       

                                       IN 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 code Idaho 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 / Fiscal Impact


                       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