Legislature(2015 - 2016)BUTROVICH 205
01/27/2016 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB98 | |
| HB8 | |
| HB76 | |
| SB145 | |
| SB147 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | SB 145 | ||
| += | SB 147 | TELECONFERENCED | |
| += | HB 8 | TELECONFERENCED | |
| += | SB 98 | TELECONFERENCED | |
| += | HB 76 | TELECONFERENCED | |
HB 8-POWERS OF ATTORNEY
1:39:47 PM
CHAIR STEDMAN announced the consideration of HB 8, which was
previously heard by the committee on April 10, 2015. He noted
that there was a new committee substitute (CS) before the
committee.
1:40:34 PM
REPRESENTATIVE SHELLEY HUGHES, Alaska State Legislature, sponsor
of HB 8, explained that HB 8 would help protect older Alaskans
who might be susceptible to fraud and financial abuse. She
stressed the importance of protecting vulnerable older Alaskans
by clarifying what is being signed in a Power of Attorney. She
said HB 8 updates the statutory form.
She related that there are over 600 allegations of financial
exploitation in Alaska, many of which involve the elderly. HB 8
strengthens the statute by clarifying responsibilities of the
person who is receiving the Power of Attorney, customizing it
specifically for Alaska, as well as for parties who live across
state lines. She opined that the updates will help vulnerable
Alaskans to understand what they are signing.
CHAIR STEDMAN noted the arrival of Senator Ellis.
1:42:29 PM
SENATOR GIESSEL moved to adopt the SCS for CSHB 8, labeled 29-
LS0055\N.A, as the working document before the committee.
1:42:35 PM
At ease.
1:42:46 PM
SENATOR GIESSEL amended her motion to say "version G", as the
working document.
CHAIR STEDMAN objected for discussion purposes.
1:43:25 PM
GINGER BLAISDELL, Staff, Representative Shelley Hughes, Alaska
State Legislature, presented information regarding HB 8.
CHAIR STEDMAN requested a brief explanation of the technical
clean ups.
SENATOR STOLTZE also requested a brief presentation.
CHAIR STEDMAN noted that the bill has been thoroughly explained
and said he wanted to hear of the changes in the new CS.
MS. BLAISDELL explained that version G improves the existing
Power of Attorney by updating terminology regarding the
"principal" who owns the finances and the "agent," the person
who is acting on the principal's behalf. The definition for
"signing" the document has been updated and now allows the
individual who may not be able to write their name, to use
another form of a signature, such as an audible signature or a
signer on their behalf. It identifies the duties of an agent and
states the responsibility of the agent to act in the best
interests of the principal.
MS. BLAISDELL stated that version G also adds a new section
dealing with judicial relief, which allows family members or
professionals who are familiar with the principal to ask a court
to review an agent's actions.
She noted, at the request of the committee, version G adds a
signature verification line that a notary public would have to
accept and recognize the information of a person who might be
signing on behalf of the principal. It also adds a requirement
that the principal must sign the form unless they are physically
unable to.
1:47:17 PM
SENATOR STOLTZE asked how incapacitation relates to the bill.
REPRESENTATIVE HUGHES explained how the changes would protect an
incapacitated person. Previously, the principal might not have
known what they were signing due to the wording on the form.
She noted wide-spread support for the bill from the Commission
on Aging, AARP, Association of Mature Americans, and the Mat-Su
Coalition on Aging.
1:49:04 PM
CHAIR STEDMAN requested a review from the Lt. Governor's Office
in order to minimize the potential of someone taking abusive
action over someone else's finances.
CHAIR STEDMAN removed his objection and version G was adopted.
REPRESENTATIVE HUGHES thanked the committed for their support.
1:50:18 PM
SENATOR GIESSEL moved to report SCS CSHB 8 (HSS), version G,
from committee with individual recommendations and attached zero
fiscal notes. There being no objection, the motion carried.