Loading chat...

ID S1124

Bill

Status

Introduced

2/28/2017

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2017 Regular Session

AI Summary

  • Parents or guardians may delegate parental powers via power of attorney for up to 6 months (or 12 months for military personnel serving overseas), with different duration rules based on the relationship of the delegatee to the minor.

  • Delegations to grandparents or adult siblings of the minor continue for 3 years if no expiration date is specified, while delegations to other individuals are limited to 12 months (or 24 months for military).

  • Creates "springing delegation" provisions allowing powers to become effective upon physician certification of parental incapacity, parental incarceration, or written certification by the parent, with varying duration rules depending on the delegatee's relationship to the minor.

  • Prohibits delegations from foreclosing legal proceedings under section 15-5-207 and ensures delegations do not supersede existing court orders regarding care and custody.

  • Limits co-guardian delegations to no more than 2 persons and allows the delegation document to specify whether co-guardians may act independently, independently except in specified matters, or must act jointly.

Legislative Description

Amends existing law to revise the requirements for a delegation of powers by a parent or guardian.

PARENTS AND GUARDIANS

Last Action

Referred to Judiciary & Rules

3/22/2017

Committee Referrals

Judiciary and Rules2/28/2017

Full Bill Text

No bill text available