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House tightens power‑of‑attorney standards and allows conservator appointment when warranted
Summary
House Bill 349 was amended to bind holders of power of attorney to trustee standards and to permit courts to appoint conservators even when a power of attorney exists; sponsors said changes address financial exploitation of incapacitated people.
The House debated and passed amendments to House Bill 349 (Uniform Probate Code — Power of Attorney amendments) on Feb. 22, 2001. Representative Patricia Jones, who presented the bill, said it would bind people holding a power of attorney to the same fiduciary standards as trustees and clarify that a valid power of attorney does not automatically bar a court from appointing a conservator when evidence shows it is necessary.
Representative Curtis moved to reinstate language removed in committee to preserve notice and procedural protections; the motion was described as a friendly amendment and supported by the sponsor. Debate highlighted frequent instances of financial exploitation cited by counsel and the Division of Aging Services.
Representative Daniels and others said the bill fills statutory gaps: it creates an enforceable standard for fiduciary conduct under power‑of‑attorney arrangements and gives courts discretion to act when powers are being misused. Supporters argued the change helps prosecutors and guardianship courts respond to exploitation of elderly and incapacitated persons.
The House approved the bill as amended and referred it to the Senate for further consideration. No roll‑call tally was included in the floor transcript excerpt for the final vote.
