Table Of Content2014
CUMULATIVE
POCKET SUPPLEMENT
IDAHO CODE
Compiled Under the Supervision ofthe
Idaho Code Commission
DANIEL BOWEN
R.
JEREMY PISCA ANDREW DOMAN
P. P.
COMMISSIONERS
TITLES 68-73
Place this supplement in the pocket ofthe corresponding
volume ofthe set
MICHIE
701 East Water Street
Charlottesville, VA 22902
www.lexisnexis.com
Customer Service: 1-800-833-9844
LexisNexis and the Knowledge Burst logo are registered trade-
marks, and MICHIE is a trademark of Reed Elsevier Properties
Inc., usedunderlicense. MatthewBenderis aregisteredtrademark
ofMatthew Bender Properties Inc.
2014 State ofIdaho
All rights reserved.
5036231
ISBN 978-0-672-83888-0 (Set)
ISBN 978-1-4224-3279-2
(Pub.42205)
PUBLISHER'S NOTE
Amendments to laws and new laws enacted since the publication ofthe
bound volume down to and including the 2014 regular session are compiled
in this supplement and will be found under their appropriate section
numbers.
This publication contains annotations taken from decisions ofthe Idaho
Supreme Courtandthe CourtofAppeals andthe appropriate federalcourts.
These cases will be printed in the following reports:
Idaho Reports
Pacific Reporter, 3rd Series
Federal Supplement, 2nd Series
Federal Reporter, 3rd Series
United States Supreme Court Reports, Lawyers' Edition, 2nd Series
Title and chapter analyses, in these supplements, carry only laws that
have been amended or new laws. Old sections that have nothing but
annotations are not included in the analyses.
Following is an explanation ofthe abbreviations ofthe Court Rules used
throughout the Idaho Code.
Idaho R. Civ. P. Idaho Rules ofCivil Procedure
Idaho Evidence Rule Idaho Rules ofEvidence
Idaho R. Crim. P. Idaho Criminal Rules
Idaho Misdemeanor Crim. Rule Misdemeanor Criminal Rules
I.I.R. Idaho Infraction Rules
I.J.R. Idaho Juvenile Rules
I.C.A.R. Idaho Court Administrative Rules
Idaho App. R. Idaho Appellate Rules
If you have any questions or suggestions concerning the Idaho Code,
please write or call toll free 1-800-833-9844, fax toll free at 1-800-643-1280,
or email us at [email protected].
Visit our website at http://www.lexisnexis.com for an online bookstore,
technical support, customer service, and other company information.
LexisNexis
Attn: Customer Service
1275 Broadway
NY
Albany, 12204-2694
ALWAYS CONSULT THE LATEST SUPPLEMENT IN
CONNECTIONWITH THE PERMANENTVOLUME
iii
USER'S GUIDE
To assist the legal profession and the layperson in obtaining the maxi-
mum benefit from the Idaho Code, a User's Guide has been included in the
first, bound volume ofthis set.
v
Digitized by the Internet Archive
2014
in
https://archive.org/details/govlawidcodecums68732014
ADJOURNMENT DATES OF SESSIONS OF
LEGISLATURE
Year Adjournment Date
2006 (E.S.) August 25, 2006
2007 March 30, 2007
2008 April 2, 2008
2009 May 8, 2009
2010 March 29, 2010
2011 April 7, 2011
2012 March 29, 2012
2013 April 4, 2013
2014 March 20, 2014
vii
TITLE 68
TRUSTS AND FIDUCIARIES
CHAPTER. CHAPTER.
1. Trusts, § 68-106A. 14. Court Approved Payments or Awards to
5. Uniform Prudent InvestorAct, § 68-514. Minors or Incompetent Persons, § 68-
10. Uniform PrincipalAnd IncomeAct, §§ 68- 1405.
10-409, 68-10-505.
13. IdahoUniformCustodialTrustAct, § 68-
1301.
CHAPTER
1
TRUSTS
section. alent value of substituted
68-106A. Fiduciarydutyto determine equiv- property.
68-105. Powers oftrustee conferred by trust or by law.
JUDICIALDECISIONS
Expenses. because both the wife and the son, as co-
In a dispute over trust property between trustees, pursued the litigation and appeal
thedecedent'ssecondwifeanddecedent'sson, withthebeliefthateachwasdefendingeither
whowere co-trustees and beneficiaries ofthe thetrustortheestate, andbothactedwithin
decedent's inter vivos trust, the magistrate their prescribed roles as trustees to protect
court did not err in denying the son's claims and defend actions and claims. Carter v.
onbehalfofthe trustagainstthe secondwife Carter (In re Carter JJC Trust), 143 Idaho
for reimbursement of expenses to the trust 373, 146 P.3d 639 (2006).
68-106. Powers oftrustees conferred by this act.
JUDICIALDECISIONS
Analysis
Attorneyfees and costs.
Sale ofproperty.
Attorney Fees and Costs. and defend actions and claims. Carter v.
In a dispute over trust property between Carter (In re Carter JJC Trust), 143 Idaho
thedecedent'ssecondwifeanddecedent'sson, 373, 146 P.3d 639 (2006).
whowere co-trustees andbeneficiaries ofthe
decedent's inter vivos trust, the magistrate Sale ofProperty.
court did not err in denying the son's claims Whenatrustee,whowasalsoabeneficiary,
onbehalfofthetrust againstthe secondwife had a conflict of interest, the trustee had a
for reimbursement of expenses to the trust duty to seek court approval before she sold
because both the wife and the son, as co- land that belonged to the trust. Taylor v.
trustees, pursued the litigation and appeal Maile, 146 Idaho 705, 201 P.3d 1282 (2009).
withthebeliefthateachwasdefendingeither
thetrustortheestate, andbothactedwithin Cited in: Wasden v. State Bd. of Land
their prescribed roles as trustees to protect Comm'n, 153 Idaho 190, 280 P3d 693 (2012).
1
68-106A TRUSTSAND FIDUCIARIES 2
68-106A. Fiduciary duty to determine equivalentvalue ofsubsti-
—
tuted property. Notwithstanding the terms ofa trust instrument, ifa
grantor has the power to substitute property ofequivalent value, a trustee
has a fiduciary duty to determine that the substitute property is of
equivalent value, prior to allowing the substitution.
History.
I.C., § 68-106A, as added by 2011, ch. 35,
§ 1, P- 78.
CHAPTER
5
UNIFORM PRUDENT INVESTOR ACT
SECTION.
68-514. Guardians and conservators.
— —
68-502. Standard of care Portfolio strategy Risk and return
objectives.
OPINIONS OFATTORNEYGENERAL
Fees. causedbythenarrowingofinvestmentoppor-
Asaconditionofitsinvestmentthroughthe tunities, necessitatedbythe balancingofthe
credit enhancement program (CEP), the en- investments representedbythe CEPand the
dowment fund investment board (EFIB) cor- maximum long-term return to the endow-
rectlyimposedfeestooffsettheprojectedloss ment. OAG 10-1.
of return to the public school endowment
—
68-514. Guardians and conservators. The provisions of this act
shall applyto and govern anybank, trust company orindividual authorized
and duly appointedby a court ofcompetentjurisdiction, to act as aguardian
or conservator under the laws ofthe state ofIdaho.
History.
I.C., § 68-514, as added by 1997, ch. 14,
§ 2, p. 14; am. 2012, ch. 88, § 1, p. 245.
STATUTORYNOTES
Amendments. Compiler'sNotes.
The 2012 amendment, by ch. 88, added The term "this act"refers to S.L. 1997, ch.
"andconservators"tothesectionheadingand 14, whichis codified as §§ 27-408, 50-1013A,
added "or conservator"in the text. 59-1312, and 68-501 to 68-514.
