The law
Links to Legislation
Links to Legislative Databases Containing Legislation
· 3 min read
- This Wiki contains links to relevant legislation in the Six (6) Greater States
- California - Texas - New York
- Florida - Illinois - Pennsylvania
Six (6) Greater States - Legislation Links
Below are links to the ‘main statute’ in each of the Six (6) Greater States and some other handy links.
The main statute in each state governs Powers of Attorney for persons that are not for purposes excluded from the ambit of the legislation.
There is no equivalent legislation governing Powers of Attorney for commercial entities.
Other legislation may also be relevant to Powers of Attorney.
California
2011 Probate Code Division 4.5 (CA)
Probate Code - Section 20-88 Definitions (CA)
2015 Civil Code - Division 10- Persons - Part 1 - Persons With Unsound Mind
Probate Code §811 - Determination of Incapacity to Contract
Civil Code - Civil Division 3 - Obligations Part 4 - Obligations of Agents - (Chapter 2, Title 6)
Civil Code - Civil Division 3 - Obligations Part 4 - Agency - (Chapter 2, Title 9)
§870-884 of the Probate Code - Revised Uniform Fiduciary Access to Digital Assets Act
Texas
Chapter 751, Chapter 752 and 753 of the Texas Estates Code govern durable Powers of Attorney.
Title 6, Chapter 121, Civil Practice and Remedies Code (Texas) dealing with acknowledgements and proofs of written instruments (relevant to witnessing of durable Powers of Attorney)
Title 4, Chapter 2001, Estates Code, Texas Revised Uniform Fiduciary Access to Digital Assets Act (including matters relevant to the ‘statutory’ tasks capable of being assigned to agents using shorthand references in a durable Power of Attorney)
Title 1, Chapter 22, Estates Code1
There is no legislation governing non-durable Powers of Attorney, which remain only subject to common law.
New York
§326, Real Property Laws - Revocation to Be Recorded
Article 9,l Real Property Laws, Recording Instruments Affecting Real Property
§13-A-3.3 Estates, Powers, Trusts Laws - Disclosure of Digital Assets
§13-A-3.4 Estates, Powers, Trusts Laws - Disclosure of Digital Assets
Florida
Florida Power of Attorney Act , Chapter 709, Part 2, Title XL Real & Personal Property
§740.008 Florida Statutes Tile XLII - Disclosure of Electronic Communications
§740.009 Florida Statutes Tile XLII - Disclosure of Other Digital Assets
§695.03 Florida Statutes - Acknowledgements
§605.0109 Florida Statutes - LLC Power to Create Power of Attorney
Illinois
Illinois 755 ILCS 45 - Illinois Power of Attorney Act
Illinois 755 ILCS 70 Revised Uniform Fiduciary Access to Digital Assets Act
Pennyslvania
Title 20, Chapter 56, Deceased Estates & Fiduciaries, Pennyslvania Consolidated Statutes
Searchable version of Title 20 Chapter 56
Legislation in form introduced
Revised Uniform Fiduciary Access to Digital Assets Act