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ID S1250
Bill
Status
1/27/2014
Primary Sponsor
Judiciary and Rules Committee
Click for details
AI Summary
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Creates new Idaho Code Section 15-5-108 establishing that guardianship or conservatorship orders have no effect on a protected person's testamentary capacity to execute wills, trusts, modify beneficiaries on insurance/retirement plans, or establish nontestamentary transfers.
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Amends Section 15-5-304 to clarify that court orders appointing guardians or protective orders do not affect the capacity of the person for whom the appointment is made.
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Amends Section 15-5-427 to limit conservator liability and responsibility for monitoring a protected person's exercise of testamentary capacity and to require consideration of general powers of appointment in estate planning.
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Creates new Idaho Code Section 32-109 stating that appointment of a guardian or conservator shall not automatically trigger application of specified statutory provisions relating to capacity-based restrictions.
Legislative Description
Adds to and amends existing law to provide that certain orders and appointments have no effect on testamentary capacity; to specify factors indicative of testamentary capacity, to revise provisions relating to the appointment of a guardian, to provide that orders determining that a basis for appointment of a guardian or other protective order exists has no effect on the capacity of the person for whom the appointment or protective order is made; to provide for certain limitations of liability and responsibility for conservators; and to provide that an order for the appointment of a guardian or conservator for a person shall not be the basis for the application of specified law.
PROTECTED PERSONS
Last Action
Reported out without amendments; referred to: Judiciary & Rules
3/13/2014