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 Senate Judiciary Committee
Where it is now
- Done: IntroducedJanuary 14, 2026
- Done: SubcommitteeJanuary 14, 2026
- Done: Senate committeeFebruary 3, 2026
- Done: Passes the SenateFebruary 24, 202647–0
- Skipped: House committeeSkipped
- Done: Passes the HouseMarch 10, 202693–0
- Done: To the GovernorApril 9, 2026
- Done: Signed into lawApril 9, 2026
Signed into law What’s a funnel?
What’s in it
AI summary People who make a health care power of attorney can choose someone to make medical decisions for them. This change requires the person in charge to follow the specific wishes written in the legal documents or shared directly with them. A person's verbal wishes told to others or written in different papers won't limit the decision-maker's authority unless the original power of attorney document specifically lists those limits in its own section.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 amends the attorney’s duty by requiring the attorney 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 otherwise 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.
Why it matters. People who have appointed an attorney under a durable power of attorney for health care would see a change in how their medical wishes are followed. An attorney's authority would no longer be restricted by a person's verbal wishes shared with others or by other documents unless the power of attorney specifically includes a separate section listing those limitations.2
Senate subcommittee
Named January 14, 2026 (as SSB 3020). On January 21, 2026 it recommended amendment and 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