HB4136 Summary

• Requires agents under powers of attorney to furnish a notarized Certification and Acceptance of Authority to third parties upon request, replacing the previous affidavit requirement.

• Prohibits principals from naming co-agents in powers of attorney; if multiple agents are named, decisions are exercisable only by majority consent unless prompt action is required.

• Establishes witness restrictions for both property and health care powers of attorney, prohibiting certain medical providers, healthcare facility operators, relatives of principal/agent, and agents themselves from serving as witnesses.

• Grants agents authority to make decisions regarding anatomical gifts and disposition of remains, and expands health care agent powers to include immediate access to medical records and HIPAA authorization.

• Adds protections for agents by limiting liability for other agents' actions unless the agent participates in or conceals a breach of fiduciary duty, and provides court remedies including compensatory damages and attorney's fees provisions.