§ 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 […]
§ 34-6-201. Part Definitions
As used in this part, unless the context otherwise requires: “Durable power of attorney for health care” means a durable power of attorney to the extent that it authorizes an attorney in fact to make health care decisions for the principal; “Health care” means any care, treatment, service or procedure to maintain, diagnose or treat […]
§ 34-6-202. Applicability of Part
A durable power of attorney for health care executed after July 1, 1991, is effective to authorize the attorney in fact to make health care decisions for the principal only if the power of attorney complies with this part. A durable power of attorney for health care executed after April 8, 1990, and before July […]
§ 34-6-203. Requirements
An attorney in fact under a durable power of attorney for health care may not make health care decisions unless all of the following requirements are satisfied: The durable power of attorney for health care specifically authorizes the attorney in the fact to make health care decisions; The durable power of attorney for health care […]
§ 34-6-204. Attorney in Fact — Powers — Limitations
Unless the durable power of attorney for health care provides otherwise, or unless a court with appropriate jurisdiction finds by clear and convincing evidence that the attorney in fact is acting on behalf of the principal in bad faith, the attorney in fact designated in the durable power of attorney who is known to the […]
§ 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 […]
§ 34-6-105. Effect of Death, Disability or Incapacity of Principal
The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise […]
§ 34-6-106. Bond
The next of kin of any principal who has executed a durable power of attorney under this part may, upon the disability or incapacity of the principal, petition a court of competent jurisdiction to require a bond of the attorney in fact. If, after consideration of the interests of all parties involved, the court deems […]