§ 34-6-109. Attorney in Fact — Powers
Without diminution or restriction of the powers vested in the attorney in fact, by law or elsewhere in the instrument, and subject to all other provisions of the instrument, the attorney in fact, without the necessity of procuring any judicial authorization, or approval, shall be vested with and in the application of the attorney in […]
§ 34-6-110. Gifts Under Power of Attorney
If any power of attorney or other writing: Authorizes an attorney-in-fact or other agent to do, execute or perform any act that the principal might or could do; or Evidences the principal’s intent to give the attorney-in-fact or agent full power to handle the principal’s affairs or to deal with the principal’s property; then the […]
§ 34-6-111. Access to Medical Information by Personal Representative for Limited Purpose of Determining Disability or Incapacity When Effective Date of Power of Attorney Deferred
The principal of a power of attorney pursuant to this part may direct that the power of attorney is effective at the date signed or may defer the effective date to the date the principal is determined to be disabled or incapacitated. Notwithstanding any language in the document establishing the power of attorney, if the […]
§ 34-6-112. Access to Electronic Communications
Subject to the Revised Uniform Fiduciary Access to Digital Assets Act, compiled in title 35, chapter 8, if any power of attorney expressly grants an attorney-in-fact or other agent authority over the content of an electronic communication of the principal, then the attorney-in-fact or other agent shall have the power and authority to access the […]
§ 34-6-107. Fiduciary Relationship of Attorney in Fact With the Principal
An attorney in fact is in a fiduciary relationship with the principal, but only to the extent that the attorney in fact undertakes to act under the power of attorney. Among the fiduciary duties required by law, an attorney in fact has a duty to adequately account to the principal, or to any legal representative […]
§ 34-6-108. Incorporation of Statutory Attorney in Fact — Powers by Reference
Upon the principal clearly expressing an intention to do so within the instrument creating a power of attorney, the language contained in § 34-6-109 may be incorporated into the power of attorney by appropriate reference. The provisions so incorporated shall apply to the attorney in fact with the same effect and subject to the same […]
§ 34-6-101. Short Title — Construction of Part
This part shall be known and may be cited as the “Uniform Durable Power of Attorney Act.” This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it. Nothing in this part shall be construed as abolishing […]
§ 34-6-102. “Durable Power of Attorney” Defined
A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney in fact in writing and the writing contains the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal,” or “This power of attorney shall become effective upon […]
§ 34-6-103. Effect of Acts Done by Attorney
All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal’s successor in interest as if the principal were competent and not disabled.
§ 34-6-104. Effect of Appointment of Conservator, Guardian or Other Fiduciary — Nomination by Principal
If, following execution of a durable power of attorney, a court of the principal’s domicile appoints a conservator, guardian of the estate or other fiduciary charged with the management of all of the principal’s property or all of the principal’s property except specified exclusions, the attorney in fact is accountable to the fiduciary as well […]