17may01...1174eba

2001 SESSION

01-0836

08/01

HOUSE BILL 377

COMMITTEE: Judiciary

ANALYSIS

This bill allows the department of health and human services to file petitions to seek judicial review of the validity of a power of attorney or authority of an agent to act under a power of attorney. This bill also eliminates the requirement that an interested party have had prior contact with the principal in order to file such a petition, and attempts to clarify the court's authority to grant equitable relief.

This bill is a request of the department of health and human services.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17may01...1174eba

01-0836

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

38:1 Powers of Attorney; Petitions; Department of Health and Human Services. Amend RSA 506:7, I(g) to read as follows:

(g) The [office of the ombudsman under RSA 161-F:10] department of health and human services.

38:2 Powers of Attorney; Petitions; Other Interested Parties. Amend RSA 506:7, II(a) to read as follows:

(a) Sufficient [prior contact with and] knowledge of the principal to demonstrate interest in the welfare of the principal; and

38:3 Powers of Attorney; Court Actions. Amend RSA 506:7, IV to read as follows:

IV. The court may hold hearings, make orders and decrees, and take other actions that are necessary or proper [to make] in making determinations on matters presented by a petition filed under paragraph III.

38:4 Effective Date. This act shall take effect January 1, 2002.

(Approved: June 8, 2001)

(Effective Date: January 1, 2002)