Statutory form power of attorney.

Plain English Breakdown

The official source material does not provide specific details on enforcement or monitoring mechanisms.

Statutory Form Power of Attorney

This law updates the form used for granting power of attorney, allowing people to appoint a backup agent and giving authority over digital assets.

What This Bill Does

• Updates the statutory form for power of attorney to allow the appointment of a successor agent or agents.
• Includes options in the statutory form for appointing an attorney with authority over digital assets, including electronic communications without content, content of communications, or both.

Who It Names or Affects

• People who want to appoint someone else as their agent for property, business, estate, trust, and other decisions.
• Agents appointed by individuals to manage their affairs.
• Digital service providers when dealing with agents managing digital assets.

Terms To Know

Power of Attorney

A legal document that lets one person give another the right to make decisions or do things on their behalf.

Digital Assets

Electronic information and records, such as emails, social media accounts, and digital files stored online.

Limits and Unknowns

• The bill does not specify how the changes will be enforced or monitored.
• It is unclear if all digital service providers will follow these new rules for managing digital assets.
• There are no details on what happens if someone disagrees with how an agent manages their digital assets.

Official Summary Text

AB 2199, as introduced, Macedo.
Statutory form power of attorney.
Existing law sets forth the law of agency and powers of attorney, including durable powers of attorney. The Uniform Statutory Form Power of Attorney Act establishes the procedures by which a person may appoint another person as their agent with various powers over property, business, estate, trust, and other decisions, and sets forth a statutory form to be used for granting power of attorney.
This bill would revise and recast the statutory form for power of attorney to, among other things, allow the appointment of a successor agent or agents and authorize the individual to nominate the agent or co-agents to be appointed as the conservator or co-conservators of the individual’s estate. The bill would include in the statutory form options for appointment of attorney for authority over digital assets, including authority over a catalogue of
electronic communications without the content of the electronic communications sent or received, authority over the content of electronic communications sent or received, or authority over a catalogue of electronic communications and the content of electronic communications sent or received. The bill would specify that the language granting powers in a statutory form power of attorney with respect to digital assets, catalogue of electronic communications, and content of electronic communications has the same meanings as set forth in the Revised Uniform Fiduciary Access to Digital Assets Act.

Current Bill Text

Download Bill PDF