House Bill 11

Actions | Amendments
Last Action signed by Governor (Acts, ch. 185)
Title AN ACT relating to power of attorney.
Bill Documents Current/Final
Introduced
Bill Request Number 20
Sponsor J. Shell
Summary of Original Version Establish KRS Chapter 457 to adopt portions of the Uniform Power of Attorney Act of 2006; establish definitions for the chapter; provide that the chapter shall apply to all powers of attorney except for certain exceptions; provide that powers of attorney are durable and for their execution; provide a choice-of-law rule for determining the law that governs the meaning and effect of the power of attorney; detail the relationship between a power of attorney and a conservator or guardian; outline when a power of attorney becomes effective; detail when a power of attorney terminates; establish default rules for coagents and successor agents; allow for the reimbursement and compensation of an agent; detail how an agent accepts his or her appointment; outline an agent's duties; provide that a principal can lower the standard of liability for an agent with a few exceptions; establish a list of persons that may petition the court to review the agent's conduct; address when an agent is liable; detail how an agent can resign; provide protections for persons who accept a power of attorney in good faith; impose liability for refusal to accept a power of attorney; clarify that the principles of law and equity supplement the chapter unless displaced by a provision of the chapter; provide that the remedies under the chapter are not exclusive and do not abrogate any other cause of action or remedy; amend KRS 367.93103, relating to funeral planning declarations, to clarify that a funeral declaration included in a will or power of attorney does not invalidate the will or power of attorney; amend KRS 372.140 and 387.530 to conform; repeal KRS 386.093, relating to the effect of incapacity or death on a power of attorney.
Index Headings of Original Version Aged Persons and Aging - Power of attorney, requirements for
Civil Actions - Power of attorney, requirements for
Civil Procedure - Power of attorney, requirements for
Courts - Power of attorney, requirements for
Courts, District - Power of attorney, requirements for
Fiduciaries - Power of attorney, requirements for
Uniform Laws - Uniform Power of Attorney Act of 2006
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
Senate Committee Substitute 1
Votes Vote History

Actions

Top | Amendments
01/11/18
  • introduced in House
01/17/18
  • to Judiciary (H)
01/22/18
  • posted in committee
02/07/18
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/08/18
  • 2nd reading, to Rules
  • floor amendment (1) filed to Committee Substitute, floor amendment (2) filed to Bill
02/09/18
  • posted for passage in the Regular Orders of the Day for Monday, February 12, 2018
02/14/18
  • 3rd reading, passed 94-0 with Committee Substitute and floor amendment (1)
02/15/18
  • received in Senate
02/16/18
  • to Judiciary (S)
03/22/18
  • reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)
03/27/18
  • 2nd reading, to Rules
  • posted for passage in the Consent Orders of the Day for Thursday, March 29, 2018
03/29/18
  • 3rd reading, passed 37-0 with Committee Substitute (1)
  • received in House
  • to Rules (H)
04/13/18
  • posted for passage for concurrence in Senate Committee Substitute (1)
  • House concurred in Senate Committee Substitute (1)
  • passed 81-4
04/14/18
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/26/18
  • signed by Governor (Acts, ch. 185)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary Retain original provisions; clarify that a power of attorney terminates if a court appoints a limited conservator, conservator, limited guardian, or guardian of the principal’s estate or other fiduciary charged with the management of some or all of the principal's property, unless the court specifically provides that it shall remain in effect; provide that a person is not required to accept an acknowledged power of attorney if the person is not otherwise required to engage in a transaction with the principal in the same circumstances; specify that a person that accepts a power of attorney is not liable for his or her good faith reliance on the agent's representation of the scope of authority granted to the agent nor is the person responsible to determine or ensure the proper application of funds or property by the agent; clarify that this chapter does not supersede any other law applicable to financial institutions or other entities and that the other law controls if inconsistent with this chapter; require consideration to be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it when applying and construing this uniform act; clarify the relation of the Electronic Signatures in Global and National Commerce Act and this chapter; specify the effect of this chapter on existing powers of attorney.
Index Headings Aged Persons and Aging - Power of attorney, requirements for
Civil Actions - Power of attorney, requirements for
Civil Procedure - Power of attorney, requirements for
Courts - Power of attorney, requirements for
Courts, District - Power of attorney, requirements for
Fiduciaries - Power of attorney, requirements for
Uniform Laws - Uniform Power of Attorney Act of 2006

Amendment House Floor Amendment 1
Sponsor S. Lee
Summary Require that a power of attorney be signed in the presence of two disinterested witnesses; specify that if a power of attorney is signed in the principal’s conscious presence by another individual that the reason for this method of signing be stated in the power of attorney.
Index Headings Aged Persons and Aging - Power of attorney, requirements for
Civil Actions - Power of attorney, requirements for
Civil Procedure - Power of attorney, requirements for
Courts - Power of attorney, requirements for
Courts, District - Power of attorney, requirements for
Fiduciaries - Power of attorney, requirements for
Uniform Laws - Uniform Power of Attorney Act of 2006

Amendment House Floor Amendment 2
Sponsor S. Lee
Summary Require that a power of attorney be signed in the presence of two disinterested witnesses; specify that if a power of attorney is signed in the principal’s conscious presence by another individual that the reason for this method of signing be stated in the power of attorney.
Index Headings Aged Persons and Aging - Power of attorney, requirements for
Civil Actions - Power of attorney, requirements for
Civil Procedure - Power of attorney, requirements for
Courts - Power of attorney, requirements for
Courts, District - Power of attorney, requirements for
Fiduciaries - Power of attorney, requirements for
Uniform Laws - Uniform Power of Attorney Act of 2006

Amendment Senate Committee Substitute 1
Summary Keep original provisions; clarify that a person authorized by the principal to determine incapacity may access the principal's health-care information solely to determine incapacity, unless the power of attorney provides otherwise; specify that a power of attorney terminates for those power of attorneys that specify a purpose when the purpose of the power of attorney is accomplished.
Index Headings Aged Persons and Aging - Power of attorney, requirements for
Civil Actions - Power of attorney, requirements for
Civil Procedure - Power of attorney, requirements for
Courts - Power of attorney, requirements for
Courts, District - Power of attorney, requirements for
Fiduciaries - Power of attorney, requirements for
Uniform Laws - Uniform Power of Attorney Act of 2006

Last updated: 1/16/2019 3:00 PM (EST)