18-C §5-912. Reimbursement and compensation of agent
§5-912. Reimbursement and compensation of agent Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. The factors set forth in section 3-721, subsection 2 should be considered as guides in determining the reasonableness […]
18-C §5-935. Tangible personal property
§5-935. Tangible personal property Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Acquire or reject interest in tangible personal […]
18-C §5-913. Agent’s acceptance
§5-913. Agent’s acceptance Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, […]
18-C §5-914. Agent’s duties
§5-914. Agent’s duties 1. Minimum mandatory duties. Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: A. Act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and otherwise act as a fiduciary under the standards of care applicable to trustees as described […]
18-C §5-915. Exoneration of agent
§5-915. Exoneration of agent A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. […]
18-C §5-916. Judicial relief
§5-916. Judicial relief 1. Petition. The following persons may petition the Probate Court or the Superior Court for the county in which either the principal or the agent resides to construe a power of attorney or review the agent’s conduct and grant appropriate relief: A. The principal or the agent; [PL 2017, c. […]
18-C §5-917. Agent’s liability
§5-917. Agent’s liability An agent that violates this Part is liable to the principal or the principal’s successors in interest for the amount required to: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Restore property. Restore the value of the principal’s property to what it […]
18-C §5-918. Agent’s resignation; notice
§5-918. Agent’s resignation; notice Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Conservator, guardian, coagent, successor […]
18-C §5-919. Acceptance of and reliance upon acknowledged power of attorney
§5-919. Acceptance of and reliance upon acknowledged power of attorney 1. Acknowledged. For purposes of this section and section 5-920, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgments. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Signature not […]
18-C §5-920. Liability for refusal to accept acknowledged power of attorney
§5-920. Liability for refusal to accept acknowledged power of attorney 1. Request within 7 days; accept within 5 days of receipt. Except as otherwise provided in subsection 2: A. A person shall either accept an acknowledged power of attorney or request a certification, a translation or an opinion of counsel under section 5-919, subsection […]