Section 59-12-34 – Claims and litigation.
59-12-34. Claims and litigation. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to: (1)Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action […]
Section 59-12-35 – Personal and family maintenance.
59-12-35. Personal and family maintenance. (1)Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: (a)Perform the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse, and the following individuals, whether living […]
Section 59-12-36 – Benefits from governmental programs or civil or military service.
59-12-36. Benefits from governmental programs or civil or military service. (1)For purposes of this section, the terms, benefits from governmental programs, or civil or military service, mean any benefit, program, or assistance provided under a statute or regulation including but not limited to, Social Security, Medicare, and Medicaid. (2)Unless the power of attorney otherwise provides, […]
Section 59-12-37 – Retirement plans.
59-12-37. Retirement plans. (1)For purposes of this section, the term, retirement plan, means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal […]
Section 59-12-38 – Taxes.
59-12-38. Taxes. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: (1)Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, […]
Section 59-12-39 – Gifts.
59-12-39. Gifts. (1)For purposes of this section, a gift “for the benefit of” a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act (1983/1986), and a tuition savings account or prepaid tuition plan as defined under 26 U.S.C. § 529. (2)Unless the power of attorney otherwise provides, language […]
Section 59-12-40 – Effect on existing powers of attorney.
59-12-40. Effect on existing powers of attorney. Except as otherwise provided in this chapter: (1)This chapter applies to a power of attorney created on, or after July 1, 2020; (2)This chapter applies to a judicial proceeding concerning a power of attorney commenced on or after July 1, 2020; (3)This chapter applies to a judicial proceeding […]
Section 59-12-41 – Statutory form–Power of attorney.
59-12-41. Statutory form–Power of attorney. A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter. The provisions of §§ 43-28-23 and 7-9-1 apply to any power of attorney that is to be recorded with the register of […]
Section 59-12-42 – Statutory form–Agent’s certification.
59-12-42. Statutory form–Agent’s certification. The following optional form may be used by an agent to certify facts concerning a power of attorney. The provisions of §§ 43-28-23 and 7-9-1 apply to any power of attorney that is to be recorded with the register of deeds. AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY […]
Section 59-12-43 – Statutory form–Revocation.
59-12-43. Statutory form–Revocation. A document substantially in the following form may be used to create a statutory form revocation of power of attorney that has the meaning and effect prescribed by this chapter. The provisions of §§ 43-28-23 and 7-9-1 apply to any power of attorney that is to be recorded with the register of […]