§ 15-14-745. Effect on Existing Powers of Attorney

1. Except as otherwise provided in this part 7, on January 1, 2010:
   1. This part 7 applies to a power of attorney created before, on, or after January 1, 2010;
   2. This part 7 applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2010;
   3. This part 7 applies to a judicial proceeding concerning a power of attorney commenced before January 1, 2010, unless the court finds that application of a provision of this part 7 would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and
   4. An act done before January 1, 2010, is not affected by this part 7.
2. 1. A power of attorney is durable as determined pursuant to section 15-14-704 (1) and is otherwise construed and applied in accordance with this part 7 prior to January 1, 2010, if the power of attorney:
      1. Is signed on or after the date this part 7 becomes law and before January 1, 2010;
      2. Is either:
         1. Substantially in the form set forth in section 15-14-741; or
         2. States that it is subject to the “Uniform Power of Attorney Act” or to this part 7.
   2. To the extent of any conflict between this subsection (2) and section 15-14-501, this subsection (2) shall control.

Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 418, § 1, effective April 9. L. 2018: (2)(b) amended, (HB 18-1375), ch. 274, p. 1697, § 12, effective May 29.