Bills › 91st General Assembly
Relating to the authority of an attorney in fact under a durable power of attorney for health care
Sponsored by the House Judiciary Committee
Where it is now
- Done: IntroducedFebruary 11, 2025
- Done: SubcommitteeFebruary 11, 2025
- Done: House committeeFebruary 12, 2026
- Done: Passes the HouseMarch 10, 202693–0
- Skipped: Senate committeeSkipped
- Done: Passes the SenateFebruary 24, 202647–0
- Done: To the GovernorApril 9, 2026
- Done: Signed into lawApril 9, 2026
SF 2198 became law → The same legislation passed as SF 2198, so this version was set aside. Go to SF 2198 What’s a funnel?
What’s in it
AI summary People who make a healthcare power of attorney can choose someone to make medical decisions for them. This law says that the person chosen must follow the instructions written in the legal documents or any wishes the person shared with them. To limit what this person can do, the legal paperwork must have a separate section that clearly lists those specific limits.1
Read the official explanation
This bill relates to the authority of an attorney in fact (attorney) under a durable power of attorney for health care (durable power of attorney). Current law provides that an attorney under a durable power of attorney has the duty to act in accordance with the desires expressed in the durable power of attorney or made known to the attorney by the principal who executed the durable power of attorney. If the principal executes a declaration related to life-sustaining procedures, the declaration shall not be interpreted to prohibit the attorney from withdrawing hydration or nutrition in certain circumstances, or otherwise restrict the authority of the attorney. The bill requires the attorney in fact to act in accordance with the desires of the principal as expressed in the durable power of attorney, a declaration relating to the use of life-sustaining procedures, or made known to the attorney by the principal. The bill provides that the authority of the attorney shall not be restricted by the principal’s desires expressed verbally to a person other than the attorney, or in another document, unless the document authorizing the durable power of attorney states in a separate section that the durable power of attorney is limited, and includes the limitations on the attorney’s authority.
House subcommittee
Named January 29, 2026 (as HSB 161). On February 4, 2026 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
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91st General Assembly