by Peter Klenk, Esq.

The current two-year legislative session began in January 2007 and ends in November 2008, so all proposed legislation currently before the General Assembly continues into 2008. The Republican-controlled Senate and the Democrat-controlled House returned to voting session on January 14, 2008. Initial priorities for 2008 include open records reform, additional property tax relief and expanding the state ban on smoking in public places.

The most likely to be acted upon Estate and Trust related legislation relates to Powers of Attorney. House Resolution No. 484 directs the Joint State Government Commission to study the Uniform Power of Attorney Act and Pennsylvania’s current power of attorney statute to determine whether any amendments should be made to Pennsylvania’s current statute. It has been approximately ten years since the Joint State Government Commission last reviewed Pennsylvania’s power of attorney statute and recommended amendments. The Uniform Power of Attorney Act (promulgated in 2006) has been enacted in one state (New Mexico), and has been introduced in four other states (Maine, Maryland, Michigan and Minnesota). The Joint State Government Commission report is expected by April 2009. House Resolution 484 was introduced on October 26, 2007, and referred to the House Committee on Judiciary, and reported as committed on December 11, 2007.