Designated Health Care Decision-Maker Act (2017-01)Probate and Trust Division
proposed legislation provides a process for the appointment of a “designated
health care decision-maker” (DHCDM) to make health care decisions for an
incapacitated adult who needs medical treatment or someone to make decisions
about such medical treatment but who lacks a guardian authorized to make health
care decisions or an Attorney-in-Fact appointed under a Durable Power of
Attorney for Health Care.
HB 144, sponsored by Representative Joe Don
Draft Legislative Proposal (2017-01)
Trust Protector’s Ability to Direct
Investment Decisions (2017-02)Probate and Trust Division
These proposed amendments to
456.8-808 and 456.1-103, RSMo, would clarify the ability of a trust protector
to direct, consent to, or disapprove the actual or proposed investment and
administrative decisions of a trustee.
It delineates the capacity that a trust protector may be granted under a
trust instrument and the actions a trust protector may take to carry out its
duties. Investment decisions and
administrative actions are more precisely defined. Definition of a “directed trust” and “trust
protector” are added to the definition included in section 456.1-103.
Draft Legislative Proposal (2017-02)
Revised Uniform Fiduciary Access to
Digital Assets Act (RFADAA) (2017-03)Probate and Trust Division
The nature of a person’s property,
as well as his or her methods of communication and information, has changed
dramatically based on the use of digital information. Missouri citizens want their fiduciaries to
access and dispose of their non-digital, tangible property as well as their
digital property. Missouri laws needs to
address the rights, responsibilities, and limits of a person’s trustees,
personal representatives, attorneys-in-fact, and agents to access their digital
The Missouri RFADAA empowers
fiduciaries to step into the shoes of the digital account holder for the
limited purposes of carrying out their fiduciary duties. This act focuses on the right of the account
holder to make choices and empowers the fiduciary to carry out these choices.
The Missouri RFADAA is designed to
work in conjunction with Missouri’s existing laws relative to decedent’s
estates, conservatorship estates, trusts, and powers of attorney. The act begins with several key definitions,
some of which mirror the definitions found in the Missouri probate statutes,
the definitions found in the Electronic Communications Privacy Act, and the
Uniform Electronic Transactions Act.
Then, the act describes the authority over digital assets granted to
personal representatives, conservators, agents under powers of attorney, and
trustees. Section 8 of the act is the
most important provision, because it sets forth the general rules applicable
to all categories of fiduciaries.
Senate Bill 129, co-sponsored by Senator Bob Dixon and Senator Scott Sifton
House Bill 379, sponsored by Representative Dean
Draft Legislative Proposal (2017-03)
Qualified Spousal Trusts – Exemption
from Attachment (2017-06)Probate and Trust Division
The proposal provides for a
technical amendment to 456.950 based on a need to (1) clarify the revocability
of a Qualified Spousal Trust, (2) harmonize the terms in the statute with the
bankruptcy code, and (3) clarify the funding of separate shares within a
qualified spousal trust.
Accordingly, pursuant to the
proposal, during the joint lives of the settlors or of the sole surviving
settlor all property transferred to, or held by, the trust is held and
administered in one trust for the benefit of both settlors, which may be
revocable by either settlor or both settlors while both are alive, and by one
settlor after the death or incapacity of the other.
All property at any time held in a
qualified spousal trust, without regard to how such property was titled prior
to it being so held shall be exempt from attachment and execution to the extent
of any settlor’s interest, right, or power therein, except from the claims of
the settlors’ joint creditors.
Upon the death of the first settlor
to die, if immediately prior to death the predeceased settlor's interest in the
qualified spousal trust was then held in such settlor's separate share as
designated under the terms and conditions of the governing instrument or
pursuant to the specific direction or titling of trust property referring to
such settlor’s separate share.
Senate Bill 170, co-sponsored by Senator Bob Dixon and Senator Scott Sifton
Draft Legislative Proposal (2017-06)
Questions? Click here to contact us
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102