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MS HB1110

Bill

Status

Failed

4/3/2012

Primary Sponsor

Edward Blackmon

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Allows any natural person with capacity to contract to execute a power of attorney.

  • Requires a power of attorney to contain the execution date, be signed by the principal or another adult in the principal's presence and at their direction, and be either notarized or signed by at least two credible adult witnesses.

  • Establishes rebuttable presumptions that witness requirements are met, including that witnesses are at least 18 years old, the attorney-in-fact did not witness the document, and witnesses observed each other signing or acknowledged the principal's signature.

  • Modifies durable power of attorney law to require only "any of" the specified durability statements (rather than all) and clarifies that attorney-in-fact actions during principal's incapacity bind the principal as if the principal had capacity.

  • Adds provision stating that unless a power of attorney specifies a termination time, the attorney-in-fact's authority remains exercisable regardless of how much time has elapsed since execution; effective July 1, 2012.

Legislative Description

Power of Attorney; revise pertaining to the Uniform Durable Power of Attorney Act.

Last Action

Died In Committee

4/3/2012

Full Bill Text

No bill text available