Amends and adds to existing law to provide for the appointment of co-guardians in certain instances; to provide for the appointment of temporary guardians in certain instances; to revise the duties and qualifications for a visitor in guardianship proceedings; and to revise the proceedings for the appointment of guardians and conservators.
GUARDIANS AND CONSERVATORS -- Amends and adds to existing law to provide for the appointment of co-guardians in certain instances; to provide for the appointment of temporary guardians in certain instances; to revise the duties and qualifications for a visitor in guardianship proceedings; and to revise the proceedings for the appointment of guardians and conservators.
STATEMENT OF PURPOSE
This bill has been proposed by the Supreme Court based on a recommendation from its Guardianship and Conservatorship Committee, which brings together judges, practitioners, legislators, and others who deal with this area of the law. It amends the guardianship statutes in a few respects. First, in Doe I v. Doe II, 160 Idaho 311, 372 P.3d 366 (2016), the Supreme Court held that the current statutes permit the appointment of only a single guardian for a minor. This bill would permit the appointment of two co-guardians for minors, incapacitated persons, and persons with developmental disabilities. It sets standards for the appointments of co-guardians, and also provides that the court would determine whether the co-guardians could act independently or would be required to act jointly. Second, the legislation would clarify the standards for temporary guardians, who are appointed by a court when a guardian has not yet been appointed but a temporary guardian is needed to protect the individual, or when there is substantial evidence that an appointed guardian is not performing the duties of a guardian. Third, the bill provides that Supreme Court rules would establish the qualifications of court visitors and the standards for visitors' reports to the court. Finally, the bill would require that in cases of persons with developmental disabilities, the reports of evaluation committees would be made in compliance with Supreme Court rules.
HOW THEY VOTED
House Third Reading
YEA (70)
NAY (0)
Senate Third Reading
YEA (35)
NAY (0)
LATEST ACTION
Reported Signed by Governor on April 6, 2017 Session Law Chapter 261 Effective: 07/01/2017
BILL INFO
- Session
- 2017
- Chamber
- house
- Status date
- Apr 6, 2017