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ID H0430

Bill

Status

Introduced

2/1/2016

Primary Sponsor

Judiciary, Rules and Administration Committee

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Establishes a priority order for who may petition to compromise a disputed claim of a minor: appointed conservator, guardian, parents (with custody preferences), de facto custodian, or other legal representative.

  • Allows courts to pass over a person with priority and appoint someone with less or no priority if good cause is shown.

  • Requires verified petitions to include specific information: minor's name and age, claim details, parents/guardians' information, petitioner's relationship to minor, total proceeds and fee apportionment, and belief that compromise is in minor's best interest.

  • For personal injury claims, petitions must include a summary of the injury, prognosis, medical treatment, and medical expenses (paid, outstanding, and estimated future).

  • Court may approve compromise if found reasonable and in minor's best interest, directing payment to parents, guardian, conservator, or through protective order or other established legal mechanisms.

  • Eliminates filing fees for compromise petitions.

Legislative Description

Amends existing law to provide that certain persons may petition for a compromise of the claim of a minor, to provide for the order of priority to make a petition, to authorize a court to pass over a person having priority under certain conditions, to provide requirements for a petition and to provide for approval of a compromise and payment.

UNIFORM PROBATE CODE

Last Action

Reported Printed and Referred to Judiciary, Rules, & Administration

2/2/2016

Full Bill Text

No bill text available