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HSB 161

A bill for an act relating to the authority of an attorney in fact under a durable power of attorney for health care.

2025-2026 Regular Session

HSB 161 clarifies an attorney's authority under a durable power of attorney for health care, ensuring they prioritize the principal's wishes in end-of-life decisions.

Committee report approving bill, renumbered as HF 2570.
#attorneys #medicalcare #powerofattorney
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Bill Summary · HSB 161

Summary of HSB 161: Authority of an Attorney in Fact Under a Durable Power of Attorney for Health Care

Bill Overview

  • Bill Number: HSB 161
  • Title: A bill for an act relating to the authority of an attorney in fact under a durable power of attorney for health care.
  • Status: Subcommittee recommends passage.
  • Introduced: February 11, 2025
  • Classification: Proposed bill
  • Subject: Attorneys, Medical Care, Power of Attorney

Purpose and Intent

The primary aim of HSB 161 is to clarify and enhance the authority of an attorney in fact (the designated agent) acting under a durable power of attorney for health care. The bill seeks to ensure that the agent's authority aligns with the expressed wishes of the principal (the individual granting the power), particularly concerning life-sustaining procedures.

Key Provisions

  1. Authority to Withdraw Nutrition and Hydration:

    • The bill specifies that if a principal has executed a declaration regarding life-sustaining procedures, this declaration does not prevent the attorney from withdrawing hydration or nutrition under certain circumstances.

  2. Preference for Principal's Desires:

    • The attorney is required to prioritize the desires of the principal as expressed in:
      • The durable power of attorney document.
      • Any declarations related to life-sustaining procedures.
      • Direct communications made known to the attorney by the principal.

  3. Limitations on Authority:

    • The authority of the attorney cannot be restricted by the principal's verbal expressions to individuals other than the attorney or in other documents, unless:
      • The durable power of attorney explicitly states in a separate section that it is limited.
      • It includes specific limitations on the attorney's authority.

Impact

  • Who is Affected:

    • This bill primarily affects individuals who execute durable powers of attorney for health care, their designated attorneys in fact, and health care providers who must interpret these documents.

  • Potential Outcomes:

    • By clarifying the attorney's authority and the principal's wishes, the bill aims to reduce confusion and potential disputes regarding end-of-life care decisions, ensuring that the principal's preferences are respected.

Legislative Timeline

  • February 11, 2025: Bill introduced and referred to the Judiciary Committee.
  • February 13, 2025: Subcommittee meeting scheduled for February 17, 2025, at 11:30 AM in the House Lounge.
  • February 17, 2025: Subcommittee recommends passage of the bill.

This summary provides a clear understanding of HSB 161, its provisions, and its implications for individuals involved in health care decision-making through durable powers of attorney.

Compiled from official sources — confirm details with the bill’s official record.

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