US Lawyer Database

§ 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.

§ 34-6-105. 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 […]

§ 34-5-118. Commitment to Veterans Administration or Other Federal Agency

Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be incompetent or otherwise in need of placement in a hospital or other institution for proper care, it is determined, after the adjudication of the status of that person as may be required by law, that commitment […]

§ 34-5-119. Discharge of Guardian and Release of Sureties

In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the veterans administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the veterans administration upon examination in accordance with law, shall be prima facie evidence that […]

§ 34-5-110. Bond of Guardian

Upon the appointment of a guardian, the guardian shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required […]

§ 34-5-111. Accounts — Certificate of Examination of Securities or Investments — Copies Sent to Veterans Administration Office — Notice of Hearing — Property Derived From Other Sources

Every guardian who has received or shall receive on account of a ward any moneys or other thing of value from the veterans administration shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true and accurate […]

§ 34-5-112. Failure to Account or Furnish Copies — Penalty

If any guardian fails to file with the court any account as required by this chapter, or by an order of the court, when any account is due or within thirty (30) days after citation issues as provided by law, or fails to furnish the veterans administration a true copy of any account, petition or […]