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ID S1375
Bill
Status
3/1/2016
Primary Sponsor
Judiciary and Rules Committee
Click for details
AI Summary
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Parents or guardians may delegate powers over minors or persons with developmental disabilities through a power of attorney for up to 6 months, or 12 months for military personnel serving outside the United States.
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Delegations to grandparents, siblings of the minor, or siblings of either parent continue until the expiration date specified in the power of attorney, or for 3 years if no expiration date is specified; delegations to other individuals are limited to 6 or 12 months.
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Parents or guardians may revoke a power of attorney in writing delivered to the delegated person; if the power of attorney is recorded, the revocation must also be recorded unless actual notice is given.
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A "springing delegation" allows powers to automatically activate upon: (a) physician certification that the parent or guardian cannot adequately care for the minor or person with developmental disability, (b) incarceration of the parent or guardian, or (c) written certification by the parent or guardian.
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An effective delegation does not prevent interested persons from initiating guardianship or conservatorship proceedings under Idaho Code sections 15-5-207 or 66-404.
Legislative Description
Amends existing law to clarify the duration and revocation of a power of attorney from a parent or guardian, and to authorize a parent or guardian to delegate certain powers over a minor or person with a developmental disability upon the occurrence of certain conditions.
PARENTAL POWERS
Last Action
Reported Printed; referred to Judiciary & Rules
3/2/2016