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

15-5-431.  Payment of debt and delivery of property to foreign conservator without local proceedings. Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate or other like fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating:

(a)  That no protective proceeding relating to the protected person is pending in this state, including any proceeding under chapters 9, 10 and/or 11, title 15, Idaho Code; and

(b)  That the foreign conservator is entitled to payment or to receive delivery.

If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.

History:

[15-5-431, as added by 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 16, p. 319; am. 2006, ch. 182, sec. 4, p. 566.]