TITLE 33
Probate practice and procedure

CHAPTER 33-19.1
Financial Exploitation of Elders and Dependent Persons Act

SECTION 33-19.1-5


§ 33-19.1-5 Review by independent attorney – Certificate of review.

(a) A gift is not subject to § 33-19.1-3 if the instrument is reviewed by an independent attorney who counsels the transferor, out of the presence of any heir or proposed beneficiary, about the nature and consequences of the intended transfer, including the effect of the intended transfer on the transferor's heirs and on any beneficiary of a prior donative instrument; attempts to determine if the intended transfer is the result of fraud or undue influence; and signs and delivers to the transferor an original certificate in substantially the following form:

"CERTIFICATE OF INDEPENDENT REVIEW

I, .................................................., have reviewed

(attorney's name)

.............................. and have counseled the transferor,

(name of instrument)

...................., on the nature and consequences of any

(name of transferor)

transfers of property to ........................................

(name of person described in § 33-19.1-3) that would be made by the instrument.

I am an "independent attorney" as defined in § 33-19.1-2 and I am in a position to advise the transferor independently, impartially, and confidentially as to the consequences of the transfer. On the basis of this counsel, I conclude that the transfers to .............................. that would (name of person described in § 33-19.1-3) be made by the instrument are not the product of fraud or undue influence.

.................... .................................................."

(Name of Attorney) (Bar#) (Date)

(b) An attorney whose written engagement, signed by the transferor, is expressly limited solely to compliance with the requirements of this section, shall not be considered to otherwise represent the transferor as a client.

(c) Under no circumstances shall an attorney who drafts an instrument review and certify the instrument.

(d) The attorney who conducts the independent review shall provide a copy of the signed certification to the drafting attorney.

History of Section.
(P.L. 2014, ch. 491, § 1.)