AMENDED IN SENIOR SENATE OCTOBER 20, 2008

SENIOR SENATE PROPOSAL NO. 12

INTRODUCED BY SENIOR SENATOR MESLER AND SENIOR ASSEMBLY MEMBERS BEIGHLE, GIVENS, AND GODAGER

LEGISLATIVE COUNSEL'S DIGEST

SP 12: POWERS OF ATTORNEY.

UNDER EXISTING LAW, A POWER OF ATTORNEY IS LEGALLY SUFFICIENT IF SPECIFIED CRITERIA ARE MET, INCLUDING THAT IT EITHER BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR SIGNED BY AT LEAST TWO WITNESSES.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THAT A WITNESS WHO IS A MEMBER OF A LOCAL GOVERNMENTAL AGENCY OR COMMUNITY-BASED ORGANIZATION THAT SERVES SENIORS AND WHO HAS KNOWLEDGE IN FINANCIAL MATTERS BE PRESENT WHEN A POWER OF ATTORNEY IS ACKNOWLEDGED BEFORE A NOTARY PUBLIC, AS SPECIFIED.

VOTE: MAJORITY.

SP 12: RELATING TO POWERS OF ATTORNEY

WHEREAS, A SENIOR CAN BE TAKEN ADVANTAGE OF WITH A POWER OF ATTORNEY; AND

WHEREAS, THE EXECUTION OF A POWER OF ATTORNEY CAN HAVE A DEVASTATING IMPACT ON A SENIOR; AND

WHEREAS, IT MAY BE DIFFICULT TO REVOKE A POWER OF ATTORNEY ONCE IT HAS BEEN GRANTED; MOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, 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 IN ORDER FOR A POWER OF ATTORNEY TO BE LEGALLY SUFFICIENT, A WITNESS WHO IS A MEMBER OF A LOCAL GOVERNMENTAL AGENCY OR COMMUNITY-BASED ORGANIZATION THAT SERVES SENIORS, AND IS KNOWLEDGEABLE IN FINANCIAL MATTERS BUT WHO IS NOT A LEGAL PROFESSIONAL OR THE ATTORNEY-IN-FACT, BE PRESENT AT THE REQUEST OF THE PERSON EXECUTING THE POWER OF ATTORNEY IF THE POWER OF ATTORNEY IS ACKNOWLEDGED BEFORE A NOTARY PUBLIC; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 08 22036

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