STATEMENT OF PURPOSE
RS27333 / S1220
This is one of a series of bills the Supreme Court 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.
Actions to appoint guardians for minors or incapacitated persons are often filed and handled in conjunction with
actions to appoint conservators for those same vulnerable persons. I.C. §§ 15-5-207, 15-5-310, and 15-5-407A,
create conflicting notice and hearing timeframes for temporary appointments in these cases. Differing notice
and hearing timeframes for cases being handled together creates unnecessary confusion for the parties and the
courts. As a result, and in furtherance of the courts' effort to reduce confusion by establishing procedural time
periods in seven (7) day increments, these statutes should be amended to set seventy-two (72) hour notice and
fourteen (14) day hearing requirements for temporary appointments in both conservatorship and guardianship
cases.
FISCAL NOTE
This proposed amendment will have no fiscal impact upon the General Fund, any other state fund, or local
governments. Since the proposed amendment only seeks alignment of procedural timeframes for certain types
of court cases, neither an increase nor decrease in existing or future appropriations or revenues is anticipated.
Contact:
Jason Spillman
(208) 334-2246
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, 9:27 AM