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  • Legislative Proposals for 2017

    Designated Health Care Decision-Maker Act (2017-01)
    Probate and Trust Division  

    The 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 McGaugh

    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. 

    Senate Bill 171, co-sponsored by Senator Bob Dixon and Senator Scott Sifton

    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 property. 

    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 Plocher

    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)