STATEMENT OF PURPOSE
RS27332 / S1219
This is one of a series of bills the Supreme Coourt has recommended in its annual report to the Governor
concerning defects or omissions in the laws, as required by article V, section 25 of the Idaho Constitution.I.C.
§ 66-404 requires a court to make certain findings before appointing co-guardians or co-conservators for a
person with a developmental disability. Specifically, subsection (6)(f)(i)(2) of this statute obligates the court
to find that "[t]he persons to be appointed as co-guardians or co-conservators will work together cooperatively
to serve the best interests of the child." Since this statute pertains to persons with a developmental disability,
and not children, the reference to the "best interests of the child" is inapplicable. Accordingly, this inaccurate
language should be corrected to reflect the pertinent "best interests of the person with a developmental
disability" standard. In addition, this statute requires notice of the hearing on the petition to appoint a guardian
or conservator to be served no less than ten (10) days before the hearing. In furtherance of the courts' efforts
to reduce confusion by setting all procedural time frames in seven (7) day increments, this notice provision
should be modified to fourteen (14) days.
FISCAL NOTE
This proposed amendment will have no fiscal impact upon the General Fund, any other state fund, or local
governments. The amendment proposes to correct an inapplicable legal standard and extend a procedural time
period, and thus, it is projected these changes will cause neither an increase or decrease in existing or future
appropriations or revenues.
Contact:
Jason Spillman
(208) 332-1000
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN INTRODUCED: 01/14/2020, 9:18 AM


Statutes affected:
Bill Text: 66-404