§ 34-6-211. Required Execution of Durable Power of Attorney for Health Care Prohibited
No health care provider, medical service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare plan, or nonprofit hospital plan or similar insurance or medical plan may condition admission to a health care institution, or the providing of treatment, or insurance, on the requirement that a patient execute a durable power of attorney […]
§ 34-6-212. Applicability of § 32-11-110(a)
Section 32-11-110(a) shall apply to this part.
§ 34-6-213. Life Insurance Unaffected
The execution of a durable power of attorney for health care as provided in this part shall not affect in any manner the sale, procurement or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall […]
§ 34-6-214. Transfer of Patient by Health Care Provider
Any health care provider shall arrange for the prompt and orderly transfer of a patient to the care of others when as a matter of conscience the health care provider cannot implement the health care decisions made by the attorney in fact for the principal as provided in a durable power of attorney for health […]
§ 34-6-205. Warning Statement
If a person other than the principal prepares a durable power of attorney for health care for the principal, the document shall contain the following warning statement. The failure to include the warning statement in the document shall not affect the validity of the document: WARNING TO PERSON EXECUTING THIS DOCUMENT This is an important […]
§ 34-6-206. Access to Medical Records and Information
Except to the extent the right is limited by the durable power of attorney for health care, an attorney in fact designated to make health care decisions under the durable power of attorney has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records, and […]
§ 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 […]
§ 34-6-109. 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 […]