SB 1475 Summary

• Modifies the relationship between court-appointed fiduciaries and attorneys-in-fact when a principal becomes incapacitated or is placed under guardianship/conservatorship.

• Changes termination procedures for durable powers of attorney: instead of automatic termination upon court appointment of a fiduciary, the attorney-in-fact becomes accountable to both the fiduciary and principal, with the fiduciary gaining power to revoke or amend the power of attorney.

• Removes automatic termination language from the guardianship/conservatorship appointment process, allowing the power of attorney to remain in effect with modified authority structures.

• Requires that notice of revocation of a recorded durable power of attorney be filed in the county where originally recorded; third parties may rely on the recorded authority until such notice is filed.

• Effective November 1, 2014.