How Do the States Measure Up?
While two states—New Mexico and Idaho—have enacted the UPOAA, a careful comparison of current state POA statutes with the UPOAA shows that a large majority of state laws lack most of the UPOAA's protections for individuals creating powers of attorney. For example, at the beginning of 2008:
- Only four states had provisions regarding an agent's mandatory duties that are identical, equivalent or substantially similar to Section 114(b) of the UPOAA.
- Only eight states had provisions requiring specific grant of the “hot powers” that are identical, equivalent or substantially similar to Sections 201(a) and 301 of the UPOAA.
- Only four states had provisions on agent liability that are identical or equivalent to UPOAA Section 117.
What States Can Do
State legislatures can adopt the UPOAA, in whole or in part. The full report includes tips for enacting the UPOAA provisions that protect against power of attorney abuse or promote autonomy. The text includes a list of stakeholders who may want to collaborate in the study and recommendation process.
Written by Naomi Karp, AARP Public Policy Institute
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