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AZ HB2576
Bill
Status
5/5/2016
Primary Sponsor
Debbie McCune-Davis
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AI Summary
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Requires powers of attorney to include a notice informing the agent of specific duties under state law, including duties to vulnerable adults under section 46-456, with space for the agent to initial indicating receipt of the notice.
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Creates new section 14-5508 establishing that an agent is liable to the principal for damages if the agent knowingly takes control or management of the principal's property without lawful authority with intent to deprive the principal, with courts authorized to award actual damages, reasonable costs and attorney fees, plus up to two times the actual damages.
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Amends section 46-456 to add agents under powers of attorney to the definition of persons in a "position of trust and confidence" to vulnerable adults, making them subject to the same fiduciary duties and prohibitions on financial exploitation that apply to other fiduciaries.
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Clarifies that durable power of attorney language may use "develops a disability" or "becomes incapacitated" instead of "is a person with a disability" to indicate intent that authority may be exercised upon the principal's subsequent incapacity.
Legislative Description
Power of attorney; notice; duties
Last Action
Introduced in House and read first time
5/5/2016