1BA55692686587C287258911005F47F9 Hearing Summary

PUBLIC
BILL SUMMARY For ELECTRONIC ESTATE PLANNING DOCUMENTS ACT

JOINT COMMITTEE COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWS
Date Dec 7, 2022
Location HCR 0112

Electronic Estate Planning Documents Act - To be drafted with amendments

Attachment Tag

File Name

Attachment

2b -UEEPDA_Final Act_2022sep28.pdf

10:20:45 AM

Steve Brainerd with
the Trusts & Estates Section of the Colorado Bar Association, reported
that the section was just beginning to review the act and would like time
to proceed cautiously. The act attempts to coordinate Uniform Electronic
Transactions Act (UETA) with other the things like the Uniform Electronic
Wills Act (UEWA). Initial perception is that the framework is viable and
beneficial and will be needed at some point but Colorado's UEWA is not
entirely uniform and some effort will be needed to make them work well
together. In addition, the act's document list has omitted some important
estate planning documents such as beneficiary designations for IRAs and
retirement accounts. Finally, there is concern that there may be some discomfort
and reluctance from some sections, such as the Elder Law Section, concerning
the potential for the exploitation of older adults where electronic means
are used to execute certain important documents. It may take some time
to work with and among the sections to develop something that is not going
to create divisiveness. The section is confident this can be done but does
not believe it can complete its review for this session.

10:25:27 AM

Commissioner Mielke
shared that he served on the drafting committee for the act and that during
the drafting process many legal and financial associations, including the
American Bar Association's various sections, were involved and indicated
an urgency in moving forward with act. In addition, he stated that article
3 it is just a placeholder for the regarding the UEWA and that portion
can be eliminated and the definitions in this act only relate to estate
planning documents. There is a misconception that UETA covers all of this,
but it's scope is limited to business, commercial, and government transactions
and its transactions are defined as between two persons. Other transactions
are not subject to UETA and there is nothing in the law today authorizing
a single person to transact electronically creating the need for this act.
He agreed that the document list in UEEPDA is not all-inclusive and suggested
that additional documents could be added to the list. Single person transactions
are occurring and there are concerns regarding possible challenges.

10:30:43 AM

Commissioner Gardner
cautioned that there was a danger in trying to move before the bar has
had adequate opportunity to look at the act. Commissioner McGihon brought
up the possibility of a late bill introduction towards the end of February
in order to allow the CBA additional time for review. Mr. Brainerd said
that the section would try to find a way to weigh in on the act within
the commission's time frame but has a strong preference for the time to
do so at a thoughtful pace.

10:36:03 AM

Commissioner Levy
noted that this is an area in which, if the commission does not proceed
forward with the act, events may push forward the need for some sort of
legislation and even if the uniform act doesn't pass at least people will
know that there is uniform law available. Commissioner McGihon noted that
moving forward to drafting doesn't mean introduction without further comment
from the CBA and asked if there was a list of the documents to be added
available. Mr. Brainerd clarified that one of the issues with determining
the additional documents is that the act doesn't fully provide direction
as to whether certain ones should be considered testamentary or a non-testamentary,
and the act is designed to deal only with non-testamentary documents. He
said that the section would provide a list of documents for inclusion for
the commission's consideration. The commission thanked Mr. Brainerd and
the CBA for their time, consideration, and future work on this act.

Commissioner Mielke moved the Uniform Electronic Estate Planning
Documents Act to drafting, with article 3 stricken, article 4 renumbered
to article 3, and with additional documents to be determined included in
the list in section 102 (5)(a), which was amended to moving the Uniform
Electronic Estate Planning Documents Act to drafting, with article 3 stricken
and article 4 renumbered to article 3, which Commissioner Love seconded,
and the motion passed without objection.

10:40:12 AM	Motion	The Uniform Electronic Estate Planning Documents Act to drafting, with article 3 stricken and article 4 renumbered to article 3.
	Moved	Donald Mielke
	Seconded

	Alicia Duran
	Gardner
	Thomas Grimshaw	Excused
	Yelana Love
	Donald Mielke
	Charley Pike
	Sara Scott
	Tipper
	Claire Levy
	Anne McGihon
		YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

Electronic Estate Planning Documents Act - To be drafted with amendments

Colorado General Assembly