US Lawyer Database

§ 28-68-116. Judicial relief

(a) The following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief: (1) the principal or the agent; (2) a guardian, conservator, or other fiduciary acting for the principal; (3) a person authorized to make health-care decisions for the principal; (4) the principal’s spouse, […]

§ 28-68-117. Agent’s liability

An agent that violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to: (1) restore the value of the principal’s property to what it would have been had the violation not occurred; and (2) reimburse the principal or the principal’s successors in interest for the attorney’s […]

§ 28-68-118. Agent’s resignation — Notice

Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: (1) to the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or (2) if there is no […]

§ 28-68-119. Acceptance of and reliance upon acknowledged power of attorney

(a) For purposes of this section and § 28-68-120, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgements. (b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under § 28-68-105 that […]

§ 28-68-110. Termination of power of attorney or agent’s authority

(a) A power of attorney terminates when: (1) the principal dies; (2) the principal becomes incapacitated, if the power of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power of attorney provides that it terminates; (5) the purpose of the power of attorney is accomplished; or (6) the principal […]

§ 28-68-111. Coagents and successor agents

(a) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently. (b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. […]