Legislative Enactment of Standard Forms

52 Pages Posted: 25 May 2012 Last revised: 16 Jan 2013

John Gradwohl

University of Nebraska at Lincoln - College of Law

Date Written: May 24, 2012

Abstract

The article considers when a state legislature should include a statutory form as part of the enactment. No other form, however professionally prepared, can bestow the same validation as a legislative statement that "a [document] in substantially the following form shall be sufficient" [to invoke the provisions of this act]. The easy availability of reliable forms and information in the electronic age can present issues of an unauthorized practice of law. The article examines recent experiences of two Uniform Acts of the National Conference of Commissioners on Uniform State Laws which contain statutory forms -- the Uniform Real Property Transfer on Death Act and the Uniform Power of Attorney Act. The conclusions are that the statutory forms can be valuable in carrying out the provisions and policies of the underlying enactment and should be considered by everyone involved in the legislative proposal to be as important as the substantive provisions, themselves.

Keywords: statutory forms, legislation, uniform acts, real property transfer, unauthorized practice of law

JEL Classification: K10, K11

Suggested Citation

Gradwohl, John, Legislative Enactment of Standard Forms (May 24, 2012). The final text is published at 91 Nebraska Law Review 272-324 (2012).. Available at SSRN: https://ssrn.com/abstract=2065954 or http://dx.doi.org/10.2139/ssrn.2065954

John Gradwohl (Contact Author)

University of Nebraska at Lincoln - College of Law ( email )

103 McCollum Hall
P.O. Box 830902
Lincoln, NE 68583-0902
United States

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