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 - 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.
STATEMENT OF PURPOSE
This proposed legislation has been recommended by the Idaho Supreme Court's Guardianship and Conservatorship Committee. I.C. § 15-5-409a permits a minor's legal claim for money to be settled by the father or mother of the minor with whom the minor resides. In some cases, the minor's parents are deceased or unavailable, or the minor may not reside with them. In such cases, it may be difficult or impossible to settle the claim. This proposed legislation would allow other persons, such as a conservator, guardian, or other legal representative, to submit a proposed compromise of the claim to the court. A priority for who may settle the claim on behalf of the minor is specified. The proposed legislation also requires certain information to be provided to the court so that the court will be able to determine whether the compromise is reasonable and is in the best interest of the minor.
HOW THEY VOTED
House Third Reading
YEA (67)
NAY (0)
ABSENT / NOT VOTING (3)
Senate Third Reading
YEA (35)
NAY (0)
LATEST ACTION
Reported Signed by Governor on March 28, 2016 Session Law Chapter 238 Effective: 07/01/2016
BILL INFO
- Session
- 2016
- Chamber
- house
- Status date
- Mar 28, 2016