Monday, May 10, 2010

POA Reform Legislation in PA Senate

On May 7, 2010, State Senator Greenleaf, with five other senators, introduced Senate Bill 1358, in an initial Printers No. 1970, which would implement the Power of Attorney Report issued in mid-March, 2010, by the Advisory Committee on Decedents' Estates Laws of the Joint State Government Commission.

This is the caption and summary of the legislation:

An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in health care, further providing for definitions, for authority of health care agent and for relation of health care agent to court-appointed guardian and other agents; in powers of attorney, further providing for general provisions, for special rules for gifts, for form of power of attorney, for implementation of power of attorney, for durable powers of attorney and for account; and providing for investigation of financial abuse and mismanagement, for jurisdiction and venue and for principles of law and equity.
This legislative proposal was suggested in the 2010 POA Report after an 18-month comparison and reconsideration of Pennsylvania's current Chapter 56 of the Pennsylvania Probate, Estates & Fiduciaries Code [unofficial version posted online] against the most current version of the Uniform Power of Attorney Act, approved by the National Conference of Commissioners on Uniform State Laws on July 13, 2006. See: EE&F Law Blog posting PA 2010 POA Reform Report Issued by JSGC (03/23/10).

The Senate bill offers, identically, the Report's legislative proposals for reform of powers of attorney in Pennsylvania.

I am curious whether a similar proposal will be initiated in the House, since the impetus for the
2010 POA Report issued from a House Resolution -- House Resolution 484, Printers No. 2753.