SENIOR ASSEMBLY PROPOSAL NO. 15

INTRODUCED BY SENIOR ASSEMBLY MEMBER TAYLOR

(COAUTHOR: SENIOR SENATOR PEABODY)

LEGISLATIVE COUNSEL'S DIGEST

AP 15: NOTARIZED DOCUMENTS: EXECUTION BY PATIENT IN SKILLED NURSING FACILITY.

UNDER EXISTING LAW, AN ADVANCE HEALTH CARE DIRECTIVE EXECUTED BY A PATIENT IN A SKILLED NURSING FACILITY MUST BE WITNESSED BY AN OMBUDSMAN OR PATIENT ADVOCATE.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE A DOCUMENT EXECUTED BY A PATIENT IN A SKILLED NURSING FACILITY, THAT REQUIRES A JURAT BE EXECUTED OR AN ACKNOWLEDGMENT TAKEN BY A NOTARY PUBLIC, ALSO BE WITNESSED BY A PATIENT ADVOCATE OR OMBUDSMAN.

VOTE: MAJORITY.

AP 15: RELATING TO NOTARIZED DOCUMENTS EXECUTED BY A PATIENT IN A SKILLED NURSING FACILITY

WHEREAS, A PATIENT IN A SKILLED NURSING FACILITY IS VULNERABLE TO INCIDENTS OF FINANCIAL ABUSE; AND

WHEREAS, A PATIENT IN A SKILLED NURSING FACILITY WHO SIGNS A POWER OF ATTORNEY OR OTHER DOCUMENT REQUIRING A JURAT OR ACKNOWLEDGMENT OF A NOTARY PUBLIC MAY HAVE HIS OR HER IDENTITY VERIFIED BY THE NOTARY PUBLIC, BUT THE NOTARY PUBLIC IS NOT PRIVY TO MEDICAL RECORDS OF THE PATIENT, DOES NOT HAVE INFORMATION REGARDING THE PATIENT’S CAPACITY TO EXECUTE DOCUMENTS, AND DOES NOT HAVE INFORMATION ABOUT A THIRD PERSON WHO MAY HAVE REQUESTED THE SERVICES OF THE NOTARY PUBLIC; AND

WHEREAS, AN OMBUDSMAN OR PATIENT ADVOCATE THAT IS KNOWN TO AND KNOWS THE PATIENT, HAS ACCESS TO THE PATIENT’S MEDICAL RECORDS TO DETERMINE IF THE PATIENT HAS THE CAPACITY TO EXECUTE A POWER OF ATTORNEY OR OTHER DOCUMENT, AND HAS KNOWLEDGE OF THE FAMILY HISTORY OF THE PATIENT; AND

WHEREAS, THE PRESENCE OF AN OMBUDSMAN OR PATIENT ADVOCATE WHEN A PATIENT EXECUTES A DOCUMENT FOR WHICH A JURAT OR AN ACKNOWLEDGMENT BY A NOTARY PUBLIC IS REQUIRED, AND THE WITNESSING OF THAT DOCUMENT BY THE OMBUDSMAN OR PATIENT ADVOCATE, CAN HELP DETER POSSIBLE CRIMINAL ATTEMPTS TO OBTAIN A PATIENT’S ASSETS; AND

WHEREAS, THERE IS A CRITICAL NEED FOR PATIENTS IN A SKILLED NURSING FACILITY TO BE PROTECTED FROM FINANCIAL ELDER ABUSE; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2008 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT A DOCUMENT EXECUTED BY A PATIENT IN A SKILLED NURSING FACILITY, FOR WHICH A JURAT IS TO BE EXECUTED OR AN ACKNOWLEDGMENT TAKEN BY A NOTARY PUBLIC, BE WITNESSED BY A PATIENT ADVOCATE OR OMBUDSMAN; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 08 21983

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