Date: 08/05/2015
Final
2.b.iii. Uniform Recognition of Substitute Decision-Making Documents Act
COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWS
| Votes: View--> | Action Taken: |
| <none> | <none> |
11:15 AM -- 2.b.iii. Uniform Recognition of Substitute Decision-Making Documents Act
11:15 AM -- Catherine Hance, CBA Real Estate Section, stated that the section recognizes the potential value of the act in regards to medical decisions and with other legal decisions where there is a need for immediacy, just not with real estate transactions. The section is significantly concerned with the obligations imposed by the act with regard to real property and feels that, in Colorado, it may be more appropriate to amend the power of attorney laws to allow for the recognition of substitute decision-making documents. The section is concerned with the "required" acceptance of translations and feels this could increase the risk of fraud.
11:19 AM -- Stanley C. Kent, former CCUSL Commissioner and testifying for himself, agrees that there is an absolute need for personal and health care power of attorneys, etc., to be transferable without going through the legal system. Although current law does allow for a power of attorney regarding real estate provisions, the uniform law makes it clear that substitute decision-making documents related to property in another country can be enforced in Colorado, similar to how such documents from other states are now handled. This act does not change the current burden in law, just allows for international recognition of documents. He pointed out that the act allows for immunity for companies relying on these foreign documents and that current law regarding patient autonomy does not have enforcement or translation provisions, which the uniform law does provide for.
11:33 AM -- Steve Brainerd, CBA Trusts and Estate Section, stated that this section opposed the act last year with similar objections as the Real Estate Section. The section believes that the intent behind this uniform law is already well covered in other Colorado law and, if needed, current patient law could be revised to accommodate international documents.
As there was no additional public testimony on any of the acts under consideration, Commissioner McGihon thanked those who testified for their input and encouraged interested parties to continue to follow these acts and share information with the commission.