SB314 erases limited power-of-attorney laws and replaces them with a much broader act proposed by the National Conference of Commissioners on Uniform State Laws. The power-of-attorney measure is aimed at protecting Nevada seniors from abuses by caregivers and, in some cases, their own children.
Lora Myles of the RSVP CARE Law Program, which assists seniors, called the passage and approval of the measure "a major accomplishment."
Myles: "Before SB314, Nevada was rated as one of the worst states in the union as far power of attorney legislation. Now we have precise, wonderful protections for seniors and anyone who executes a power of attorney."
Key provisions of the uniform law include a clear statement of duties for an elderly person's representative, and stringent standards for selling property or altering an estate plan.
SB313, another approved bill, revises Nevada's laws on guardianships, in line with suggestions from the uniform law commission, the National Guardianship Association and Nevada Guardianship Association.
Myles said the measure addresses interstate jurisdiction over guardianships, and referred to it as "the granny kidnapping law" because it applies in cases such as seniors being taken across state borders.
Full Article and Source:
Senior legislation considered
See also:
National Guardianship Association - Certified Guardians
Lora Myles of the RSVP CARE Law Program, which assists seniors, called the passage and approval of the measure "a major accomplishment."
Myles: "Before SB314, Nevada was rated as one of the worst states in the union as far power of attorney legislation. Now we have precise, wonderful protections for seniors and anyone who executes a power of attorney."
Key provisions of the uniform law include a clear statement of duties for an elderly person's representative, and stringent standards for selling property or altering an estate plan.
SB313, another approved bill, revises Nevada's laws on guardianships, in line with suggestions from the uniform law commission, the National Guardianship Association and Nevada Guardianship Association.
Myles said the measure addresses interstate jurisdiction over guardianships, and referred to it as "the granny kidnapping law" because it applies in cases such as seniors being taken across state borders.
Full Article and Source:
Senior legislation considered
See also:
National Guardianship Association - Certified Guardians
Certainly PoA laws need to be strengthened and any step in that effort is good.
ReplyDeleteThe Uniform laws, however, are a step back. Fortunately, all 50 states have to sign on for the Unfirom laws to work and that's not going to happen.
Suggestion #1: POA's need to be signed with cameras rolling - get the entire day and event on film with additional proof of mental and physical capacity, family relationships as well, make copies and stash the evidence in unrelated locations.
ReplyDeleteThose in the system don't follow the law. Until that problem is addressed, vulnerable people will continue to be abused.
ReplyDeleteI do not think the Uniform Guardianship Laws are a good thing. It sounds like they should be -- but what it's become, I think, is another way of lengthening the litigation. More money for the lawyers.
ReplyDeleteAnd who or what protects
ReplyDeleteelders from the unscrupulous professionals hired by the court to say whatever the court wants?
Nothing is governing unscrupulous Attorneys
under their broad discretionary authority to
'work in the best interests of their ward' is
to broad to define by law
for their improprieties. They hire professionals (paid by the vicitms) to say whatever the unscrupulous attorney wants to obtain Guardianship, remove all rights and assets so they can legally plunder their
victim's estates.
There is a lot of attention now to problems with PoA's; I think it's to further foster the thieving family propaganda.
ReplyDeletePoA's of course invite theft. But, I would imagine that theft is pretty rare.