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2003 SESSION

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HB 2648 Limited access to safe-deposit box; powers of attorney.

Introduced by: William R. Janis | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Limited access to safe-deposit box; possession of advance medical directives; possession of powers of attorney. Requires a letter from a physician documenting the mental incapacity of the sole lessee of the safe-deposit box before allowing access to the spouse or next-of-kin to look for a power of attorney or advance medical directive. The letter must state that the lessee is incapable of receiving and evaluating information effectively or responding to people, events or environments to such an extent that the individual lacks certain specified capacities. Under current law it is within the bank or company's discretion whether to require a letter and the contents are not specified. The bill further provides that persons dealing with an attorney-in-fact or agent shall have no obligation to inquire into the manner or circumstances by which possession of the power of attorney or advance medical directive was acquired, provided that a court may consider such manner or circumstances as relevant factors in any proceeding brought to terminate, suspend or limit the authority of the attorney-in-fact or other agent or revoke the directive.


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