Delaware Senate Bill 247 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 2-0)
Status: Passed on July 27 2012 - 100% progression
Action: 2012-07-27 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

Section 1: The amendment to 49A-105(a)(5) makes this provision clearer grammatically. Section 2. The amendment to 49A-105(c) conforms this provision to the language of 49A-113 which contemplates more than one way in which an agent may accept appointment. The proposed amendment also clarifies which are the required duties of the agent and which duties may be waived in the personal power of attorney. Section 3. The amendments to 49A-110(a)(4) and (5) make grammatical corrections consistent with the insertion of new subparagraph 49A-110(a)(6). The addition of 49A-110(a)(6) clarifies that a personal power of attorney also terminates when revoked by Order of the Court of Chancery. Section 4. The amendment to 49A-116(a) is intended to make that section consistent with other sections of the Act which use the term “revoke” rather than “rescind” and corrects several grammatical errors. Section 5. The amendment to 49A-118(2)a. amends this section in recognition of the fact that an individual may have more than one caregiver. Section 6. The proposed amendment to 49A-119(b) removes reference to a presumption that is not present in the Act. Section 7. The amendment to 49A-119(d) provides for reliance upon an English translation of a personal power of attorney if written in a language other than English, but only if the translation is made under the oath of the translator. Section 8. The amendment to 49A-120(a)(1) makes this section consistent with the provisions of 49A-119 as amended. The other proposed amendments correct grammatical errors. Section 9. The amendment to 49A-202 are for clarification purposes only. Section 10. The amendment to 49A-203(4) corrects grammatical errors. Section 11. The amendments to 49A-213 correct grammatical errors and clarify the purposes for which an agent may act under the personal power of attorney. Section 12. The amendment to 49A-214 clarifies the definition of a “statute or regulation” for purposes of the Act. Section 13. The amendment to 49A-301 conforms the Agent Certification language therein to 49A-105(c), as amended. Section 14. This Section sets forth the effective date of the amendments contained herein, and clarifies that durable personal powers of attorney and Agent Certifications signed in accordance with this Chapter and subsequent to the enactment of the amendments, but prior to the effective date, shall be presumed to be valid.

An Act To Amend Title 12, Chapter 49a Of The Delaware Code Relating To Durable Personal Powers Of Attorney.

Sen. Anthony DeLuca [D]

Rep. Bryon Short [D]

2012-06-30 - House - House Third Reading (Y: 41 N: 0 NV: 0 Abs: 0) [PASS]
2012-06-20 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2012-07-27		Signed by Governor
2012-06-30		Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2012-06-26		Reported Out of Committee (JUDICIARY) in House with 7 On Its Merits
2012-06-21		Introduced and Assigned to Judiciary Committee in House
2012-06-20		Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2012-06-13		Reported Out of Committee (JUDICIARY) in Senate with 5 On Its Merits
2012-06-07		Assigned to Judiciary Committee in Senate

Type	Source
Summary	http://legis.delaware.gov/LIS/lis146.nsf/2bede841c6272c888025698400433a04/3a97f8a7f650aeca85257a14006f8067?OpenDocument
Text	http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/SB+247/$file/legis.html?open
Roll Call	http://legis.delaware.gov/LIS/lis146.nsf/7712cf7cc0e9227a852568470077336f/c5ae0c9f34d3777985257a23007880aa?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis146.nsf/7712cf7cc0e9227a852568470077336f/a0cff4acf072440485257a2e000b58bb?OpenDocument