TITLE 15

UNIFORM PROBATE CODE

CHAPTER 5

PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

PART 4.

PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS

15-5-409a.  Compromise of claim of minor — Procedure. (1) When a minor has a claim for money against a third person, the persons or entities listed below have the right to petition for a compromise of the claim in the following order of priority:

(a)  An appointed conservator of the minor;

(b)  A guardian of the minor, if appointed;

(c)  Either or both parents, provided that:

(i)   If the parents are living separate and apart, then the parent who has been awarded primary physical custody; or

(ii)  If no custody award has been made, the parent with whom the minor is living;

(d)  A de facto custodian; and

(e)  Any other legal representative.

(2)  The court for good cause may pass over a person having priority under subsection (1) of this section and appoint a person having less priority or no priority; provided that the court shall not pass over a parent or parents unless the court concludes that the parent or parents are incapable or unwilling to act reasonably and in the best interest of the minor. Such proposed compromise is not effective until it is approved by the district court of the county where the minor resides or, if the minor is not a resident of the state of Idaho, by the district court of the county where the claim arose, upon verified petition, filed with the court.

(3)  A verified petition made pursuant to this section shall include the following:

(a)  The name, age and residence of the minor;

(b)  The facts that bring the minor within the purview of this section, including the circumstances that make it a claim for money, the name of the third person against whom the claim is made and, if the claim is the result of an accident, the date, place and facts of the accident;

(c)  The names and residence of the parents or guardian of the minor;

(d)  The name and residence of the person or persons having physical custody or control of the minor;

(e)  The name and residence of the petitioner, the relationship of the petitioner to the minor and the basis of the petitioner’s right to compromise the claim;

(f)  The total amount of proceeds of the proposed compromise, the apportionment of those proceeds and whether the fees and expenses are to be deducted before or after the calculation of any contingency fee, including the amount to be used for:

(i)   Attorney’s fees and whether the attorney’s fees are fixed or contingent fees;

(ii)  Medical expenses; or

(iii) Other expenses;

(g)  Whether the petitioner believes the acceptance of this compromise is in the best interest of the minor;

(h)  That the petitioner has been advised and understands that acceptance of the compromise will bar the minor from seeking further relief from the third person offering the compromise;

(i)  If the claim involves a personal injury suffered by the minor, a summary of:

(i)   The injury, prognosis, treatment and progress of recovery of the minor; and

(ii)  The amount of medical expenses incurred to date, the nature and amount of medical expenses that have been paid and by whom, any amount owing for medical expenses and an estimate of the amount of medical expenses that may be incurred in the future; and

(j)  The policy limits of the insurance contract, if applicable.

(4) (a)  If the minor’s claim is less than ten thousand dollars ($10,000) and the court is satisfied after review of the verified petition that the compromise is reasonable and in the best interest of the minor, the court may approve the compromise or set a hearing;

(b)  If the minor’s claim is ten thousand dollars ($10,000) or more, the court shall set a hearing for approval of the compromise.

(5)  If the court finds the compromise is reasonable and in the best interest of the minor, the court may approve such compromise and may direct the money be paid:

(a)  To the parents, guardian, trustee, conservator, legal representative or the designated payee thereof in accordance with this chapter;

(b)  Subject to the provisions of an appropriate protective order; or

(c)  In accordance with the provisions of chapter 14, title 68, Idaho Code.

(6)  No filing fee shall be charged for the filing of any petition under the provisions of this section.

History:

[15-5-409a, added 1973, ch. 26, sec. 2, p. 50; am. 1974, ch. 199, sec. 1, p. 1516; am. 1989, ch. 214, sec. 1, p. 523; am. 1995, ch. 214, sec. 3, p. 746; am. 2016, ch. 238, sec. 1, p. 633.]