DE HB455 | 2009-2010 | 145th General Assembly
Status
Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: Passed on August 19 2010 - 100% progression
Action: 2010-08-19 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: Passed on August 19 2010 - 100% progression
Action: 2010-08-19 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Summary
This bill does two things. It keeps in place the existing Durable Powers of Attorney statute which is relied upon for commercial transactions, changing only the out-dated reference of “attorney-in-fact” to “agent”; eliminating a provision now covered in the new Chapter 49A, Durable Personal Powers of Attorney; and making clear that 49 is independent of 49A. The bill also adds a new Chapter 49A to Title 12 which provides significant improvements in the creation of a personal power of attorney by ensuring that a principal grants only those authorities sought to be granted, and by ensuring that an agent acknowledges the scope of authority granted and the associated responsibilities. A statutory form of power of attorney is provided so that any individual may have a valid and enforceable power of attorney, regardless of access to a lawyer. Finally, it there are enhanced execution standards, a notary and a disinterested witness, to ensure the identity of the principle and to protect against execution under circumstances which suggest coercion, fraud, or incompetence. The Act will take effect on October 1, 2010, in order to provide transition time.
Title
An Act To Amend Title 12 Of The Delaware Code Relating To Durable Powers Of Attorney And Adding A Chapter 49a Thereto Relating To Durable Personal Powers Of Attorney.
Sponsors
| Rep. Michael Barbieri [D] | Sen. Margaret Henry [D] | Sen. Michael Katz [D] | Rep. Helene Keeley [D] |
| Rep. Valerie Longhurst [D] | Sen. Liane Sorenson [R] |
Roll Calls
2010-06-30 - Senate - Senate Third Reading (Y: 20 N: 0 NV: 0 Abs: 1) [PASS]
2010-06-15 - House - House Third Reading (Y: 39 N: 0 NV: 0 Abs: 2) [PASS]
2010-06-15 - House - House Third Reading (Y: 39 N: 0 NV: 0 Abs: 2) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2010-08-19 | Signed by Governor | |
| 2010-06-30 | Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT | |
| 2010-06-30 | Necessary rules are suspended in Senate | |
| 2010-06-17 | Assigned to Judiciary Committee in Senate | |
| 2010-06-15 | Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT | |
| 2010-06-09 | Reported Out of Committee (JUDICIARY) in House with 7 On Its Merits | |
| 2010-06-08 | Introduced in House and assigned to Judiciary Committee | |
| 2010-06-08 | Assigned to Judiciary Committee in House |
