You should consider updating your Power of Attorney document if recent state law changes affect you. While these changes do not invalidate any previously drafted Power of Attorney, changes in certain state laws  now provide additional safeguards against abuse of power by agents.  

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Changes in State Laws:

  • Kansas: Senate Bill 45 amending Chapters 53 and 54 of the Kansas Statutes became effective July 1, 2009. The major changes include the requirement for the agent to now maintain detailed records of all actions taken, including receipts and ledgers; and the addition of a provision outlining the process for an agent to resign as agent.
  • Indiana: Changes to the Title 30 of the Indiana Code took effect on July 1, 2009. A principal can now allow their agent to alter beneficiaries payable on death accounts.  Additionally, an agent can be held liable and must repay for any violations of powers granted in the Power of Attorney.
  • Missouri: Current laws grants the agent the power to handle a Trust, renounce gifts or other inheritance and alter beneficiaries only if specifically granted within the Power of Attorney.
  • New York: Major changes to New York law now only allow your agent to gift $500.00 per individual per calendar year unless specific provisions are set forth in your Power of Attorney.  If major gifting in excess of $500.00 is allowed in your Power of Attorney, the document must be witnessed in addition to being notarized.
  • North Carolina: Changes in law now require your Power of Attorney to state specifically if your agent will have the authority to renounce or forfeit any inheritance, gift or other funds you might become entitled to.  The power to renounce can be important if you do not wish to increase the size of your estate for tax purposes.
  • Oregon: There was a minor language change, so that the "attorney-in-fact" is now known as the "agent".  Also, the law now provides direction for creating a "springing Power of Attorney" or a Power of Attorney that takes effect upon a later specified date or specific occurrence.  The changes take effect January 1, 2010.
  • Tennessee and Texas: Due to privacy law changes, an agent may be denied access to medical records and billing information unless specifically given access to such records as part of his or her powers in the Power of Attorney.

The RocketLawyer.com legal forms and documents comply with current state laws.  Get started with your Power of Attorney today.

Also see Updating Your Power of Attorney to Comply with New Federal Laws.

Get started Start Your Power of Attorney Answer a few questions. We'll take care of the rest.


Get started Start Your Power of Attorney Answer a few questions. We'll take care of the rest.