Tom Harman
- Republican
Author
The Power of Attorney Law creates various duties and requires an attorney-in-fact to observe the standard of care that would be observed by a prudent person dealing with property of another, or if an attorney-in-fact has special skills he or she shall observe the standard of care that would be observed by others with similar skills. However, existing law provides that an attorney-in-fact is not liable for a loss to the principal's property if he or she is not compensated, unless the loss results from his or her bad faith, intentional wrongdoing, or gross negligence. This bill would delete the latter provision. The bill would provide that if the attorney-in-fact breaches a duty pursuant to the Power of Attorney Law he or she is chargeable with interest for any loss or depreciation in value of the property, any profit made through the breach, or any profit that would have accrued to the principal if the loss or profit is a result of the breach. This bill would allow the court, in its discretion, to excuse the attorney-in-fact if he or she acted reasonably and in good faith, or if the court finds that an attorney-in-fact acted in bad faith, he or she would be held liable for twice the value of the property recovered.
Chaptered by Secretary of State. Chapter 48, Statutes of 2010.
Approved by Governor.
Enrolled. To Governor at 2 p.m.
In Senate. To enrollment.
Read third time. Passed. (Ayes 75. Noes 0. Page 5746.) To Senate.
Read second time. To Consent Calendar.
(Heard in committee on June 15.)
From committee: Do pass. To Consent Calendar. (Ayes 10. Noes 0.)
To Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 31. Noes 0. Page 3519.) To Assembly.
Read second time. To Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 4. Noes 0. Page 3444.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.
Set for hearing May 4.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.
To Com. on JUD.
From print. May be acted upon on or after March 15.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1038 | HTML |
| 02/12/10 - Introduced | |
| 04/08/10 - Amended Senate | |
| 04/26/10 - Amended Senate | |
| 06/22/10 - Enrolled | |
| 07/06/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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