§ 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 […]
§ 34-6-207. Revocation
The principal may, after executing a durable power of attorney for health care, do any of the following: Revoke the appointment of the attorney in fact under the durable power of attorney for health care by notifying the attorney in fact orally or in writing; or Revoke the authority granted to the attorney in fact […]
§ 34-6-208. Liability of Health Care Provider
Subject to any limitations stated in the durable power of attorney for health care, and, subject to subsection (b) and §§ 34-6-210 — 34-6-212, a health care provider is not subject to criminal prosecution, civil liability or professional disciplinary action except to the same extent as would be the case if the principal, having had […]
§ 34-6-209. Emergency Care
This part does not affect the law governing health care treatment in an emergency.
§ 34-6-210. Principal’s Objection to Withholding or Withdrawal of Care
Nothing in this part authorizes an attorney in fact to consent to the withholding or withdrawal of health care necessary to keep the principal alive, if the principal objects to the withholding or withdrawal of the health care. In that instance, that health care decision shall be governed by the law that would apply if […]
§ 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 […]