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DE SB247

Bill

Status

Passed

7/27/2012

Primary Sponsor

Bryon Short

Click for details

Origin

Senate

146th General Assembly

AI Summary

SB 247 Summary

  • Clarifies witness requirements for durable personal powers of attorney by changing language to specify a witness must be "neither" related by blood, marriage, or adoption nor entitled to any portion of the principal's estate.

  • Revises agent certification requirements to explicitly state agents must act in accordance with the principal's reasonable expectations and best interests, act in good faith, stay within granted authority, and maintain regular contact with the principal.

  • Adds court revocation as a termination event for personal powers of attorney under §49A-110(a)(6).

  • Requires English translations of personal powers of attorney written in other languages to be made "under oath of the translator" for reliance by third parties.

  • Effective January 1, 2013, with durable personal powers of attorney and agent certifications signed prior to that date presumed valid.

Legislative Description

An Act To Amend Title 12, Chapter 49a Of The Delaware Code Relating To Durable Personal Powers Of Attorney.

Last Action

Signed by Governor

7/27/2012

Committee Referrals

Judiciary6/21/2012
Judiciary6/7/2012

Full Bill Text

No bill text available