Bill Text: CT HB06928 | 2015 | General Assembly | Introduced

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Bill Title: An Act Concerning The Uniform Recognition Of Substitute Decision-making Documents Act.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-03-02 - Public Hearing 03/06 [HB06928 Detail]

Download: Connecticut-2015-HB06928-Introduced.html

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General Assembly		Raised Bill No. 6928
January Session, 2015		LCO No. 4213
		*04213_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING THE UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2015) Sections 1 to 10, inclusive, of this act may be cited as the "Connecticut Uniform Recognition of Substitute Decision-Making Documents Act".

Sec. 2. (NEW) (Effective October 1, 2015) As used in sections 1 to 10, inclusive, of this act:

(1) "Decision maker" means a person authorized to act for an individual under a substitute decision-making document, whether denominated a decision maker, agent, attorney-in-fact, proxy or representative or by another title. "Decision maker" includes an original decision maker, a co-decision maker, a successor decision maker and a person to which a decision maker's authority is delegated;

(2) "Good faith" means honesty in fact;

(3) "Health care" means a service or procedure to maintain, diagnose, treat or otherwise affect an individual's physical or mental condition;

(4) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity;

(5) "Personal care" means an arrangement or service to provide an individual shelter, food, clothing, transportation, education, recreation, social contact or assistance with the activities of daily living;

(6) "Property" means anything that may be subject to ownership, whether real or personal or legal or equitable, or any interest or right therein;

(7) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

(8) "Substitute decision-making document" means a record created by an individual to authorize a decision maker to act for the individual with respect to property, health care or personal care.

Sec. 3. (NEW) (Effective October 1, 2015) (a) A substitute decision-making document for property executed outside this state is valid in this state if, when the document was executed, the execution complied with the law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed.

(b) A substitute decision-making document for health care or personal care, including the appointment of a health care representative, executed outside this state is valid in this state if, when the document was executed, the execution complied with: (1) The law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed; or (2) the law of this state, other than sections 1 to 10, inclusive, of this act.

(c) Except as otherwise provided by law, other than sections 1 to 10, inclusive, of this act, a photocopy or electronically transmitted copy of an original substitute decision-making document has the same effect as the original.

Sec. 4. (NEW) (Effective October 1, 2015) The meaning and effect of a substitute decision-making document and the authority of the decision maker are determined by the law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed.

Sec. 5. (NEW) (Effective October 1, 2015) (a) Except as provided in subsection (f) of section 1-56b, section 19a-579b and subsection (g) of section 19a-580 of the general statutes, a person that in good faith accepts a substitute decision-making document without actual knowledge that the document is void, invalid or terminated, or that the authority of the purported decision maker is void, invalid or terminated, may assume without inquiry that the document is genuine, valid and still in effect and that the decision maker's authority is genuine, valid and still in effect.

(b) A person who is asked to accept a substitute decision-making document may request and without further investigation rely on:

(1) The decision maker's assertion of a fact concerning the individual for whom a decision will be made, the decision maker or the document;

(2) A translation of the document if the document contains, in whole or in part, language other than English; and

(3) An opinion of counsel regarding any matter of law concerning the document if the person provides in a record the reason for the request.

Sec. 6. (NEW) (Effective October 1, 2015) (a) Except as otherwise provided in subsection (b) of this section, or by law of this state other than sections 1 to 5, inclusive, of this act, and sections 7 to 10, inclusive, of this act, a person who is asked to accept a substitute decision-making document shall accept within a reasonable time a document that purportedly meets the validity requirements of section 3 of this act. The person may not require an additional or different form of document for authority granted in the document presented.

(b) A person that is asked to accept a substitute decision-making document is not required to accept the document if:

(1) The person otherwise would not be required in the same circumstances to act if requested by the individual who executed the document;

(2) The person has actual knowledge of the termination of the decision maker's authority or the document;

(3) The person's request under subsection (b) of section 5 of this act for the decision maker's assertion of fact, a translation or an opinion of counsel is refused;

(4) The person in good faith believes that the document is not valid or the decision maker does not have the authority to request a particular transaction or action; or

(5) The person makes, or has actual knowledge that another person has made, a report to the Office of Protection and Advocacy for Persons with Disabilities or the Department of Social Services stating a belief that the individual for whom a decision will be made may be subject to abuse, neglect, exploitation or abandonment by the decision maker or a person acting for or with the decision maker.

(c) A person that in violation of this section refuses to accept a substitute decision-making document is subject to:

(1) A court order mandating acceptance of the document; and

(2) Liability for reasonable attorney's fees and costs incurred in an action or proceeding that mandates acceptance of the document.

Sec. 7. (NEW) (Effective October 1, 2015) The remedies under sections 1 to 10, inclusive, of this act are not exclusive and do not abrogate any right or remedy under law of this state, other than sections 1 to 10, inclusive, of this act.

Sec. 8. (NEW) (Effective October 1, 2015) In applying and construing sections 1 to 10, inclusive, of this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

Sec. 9. (NEW) (Effective October 1, 2015) Sections 1 to 10, inclusive, of this act, modify, limit or supersede the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit or supersede Section 101(c) of said act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC 7003(b).

Sec. 10. (NEW) (Effective October 1, 2015) Sections 1 to 10, inclusive, of this act apply to a substitute decision-making document created before, on or after October 1, 2015.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2015	New section
Sec. 2	October 1, 2015	New section
Sec. 3	October 1, 2015	New section
Sec. 4	October 1, 2015	New section
Sec. 5	October 1, 2015	New section
Sec. 6	October 1, 2015	New section
Sec. 7	October 1, 2015	New section
Sec. 8	October 1, 2015	New section
Sec. 9	October 1, 2015	New section
Sec. 10	October 1, 2015	New section

Statement of Purpose:

To adopt the Connecticut Uniform Recognition of Substitute Decision-Making Documents Act.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]