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ID H0558
Bill
Status
3/28/2016
Primary Sponsor
Judiciary, Rules and Administration Committee
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AI Summary
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Establishes a priority order for persons authorized to petition for compromise of a minor's disputed money claim: appointed conservator, guardian, parent(s) with custody, de facto custodian, or other legal representative.
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Allows courts to pass over a higher-priority person and appoint a lower-priority person for good cause, except parents may only be passed over if the court concludes they are incapable or unwilling to act reasonably in the minor's best interest.
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Requires verified petitions to include the minor's information, claim details, parties' residences, apportionment of proceeds, attorney fees breakdown, insurance policy limits, and for personal injuries, medical expenses and prognosis.
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Establishes different approval procedures based on claim amount: claims under $10,000 may be approved without a hearing if reasonable and in the minor's best interest; claims of $10,000 or more require a court hearing.
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Eliminates filing fees for compromise petitions and allows courts to direct payment to parents, guardians, conservators, protective orders, or trusts under Idaho Code chapter 14.
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, to authorize a court to take certain actions regarding a compromise, to provide for approval of a compromise and payment and to provide that no filing fee shall be charged for the filing of a petition.
UNIFORM PROBATE CODE
Last Action
Reported Signed by Governor on March 28, 2016 Session Law Chapter 238 Effective: 07/01/2016
3/28/2016