KY HB11 | 2018 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on April 26 2018 - 100% progression
Action: 2018-04-26 - signed by Governor (Acts, ch. 185)
Text: Latest bill text (Draft #3) [PDF]

Summary

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.

Tracking Information

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Title

AN ACT relating to power of attorney.

Sponsors


Roll Calls

2018-04-13 - House - House: Third Reading RCS# 497 (Y: 81 N: 4 NV: 0 Abs: 15) [PASS]
2018-03-29 - Senate - Senate: Third Reading W/SCS 1 RSN# 665 (Y: 37 N: 0 NV: 0 Abs: 1) [PASS]
2018-02-14 - House - House: Third Reading RCS# 129 (Y: 94 N: 0 NV: 0 Abs: 4) [PASS]

History

DateChamberAction
2018-04-26Housesigned by Governor (Acts, ch. 185)
2018-04-14Housedelivered to Governor
2018-04-14Houseenrolled, signed by President of the Senate
2018-04-14Houseenrolled, signed by Speaker of the House
2018-04-13Housepassed 81-4
2018-04-13HouseHouse concurred in Senate Committee Substitute (1)
2018-04-13Houseposted for passage for concurrence in Senate Committee Substitute (1)
2018-03-29Houseto Rules (H)
2018-03-29Housereceived in House
2018-03-29Senate3rd reading, passed 37-0 with Committee Substitute (1)
2018-03-27Senateposted for passage in the Consent Orders of the Day for Thursday, March 29, 2018
2018-03-27Senate2nd reading, to Rules
2018-03-22Senatereported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)
2018-02-16Senateto Judiciary (S)
2018-02-15Senatereceived in Senate
2018-02-14House3rd reading, passed 94-0 with Committee Substitute and floor amendment (1)
2018-02-09Houseposted for passage in the Regular Orders of the Day for Monday, February 12, 2018
2018-02-08Housefloor amendment (1) filed to Committee Substitute, floor amendment (2) filed to Bill
2018-02-08House2nd reading, to Rules
2018-02-07Housereported favorably, 1st reading, to Calendar with Committee Substitute (1)
2018-01-22Houseposted in committee
2018-01-17Houseto Judiciary (H)
2018-01-11Houseintroduced in House

Kentucky State Sources


Bill Comments

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