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ID S1299

Bill

Status

Introduced

2/12/2018

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2018 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), except powers to consent to marriage or adoption.

  • Delegation to grandparents or adult siblings continues until the expiration date specified in the power of attorney, or for 3 years if no expiration date is provided; delegation to other individuals continues for 12 months (or 24 months for military personnel).

  • Creates "springing delegation" provisions allowing powers to become effective upon physician certification of incapacity, incarceration of the parent, or written certification by the parent, with the same duration limits as immediate delegations.

  • Delegations do not prevent court proceedings under section 15-5-207 and do not supersede any existing court order regarding child custody and care.

  • Allows delegation to no more than 2 co-guardians, with the power of attorney specifying whether co-guardians may act independently, must act jointly, or may act independently except on specified matters.

Legislative Description

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

PARENTS AND GUARDIANS

Last Action

Reported Printed; referred to Judiciary & Rules

2/13/2018

Committee Referrals

Judiciary and Rules2/12/2018

Full Bill Text

No bill text available