Section 59-12-1 – Definitions.
59-12-1. Definitions. Terms used in this chapter mean: (1)”Agent,” a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor agent, and a person to whom an agent’s authority is delegated; (2)”Durable,” not terminated by the principal’s […]
Section 59-12-2 – Applicability.
59-12-2. Applicability. This chapter applies to all powers of attorney other than: (1)A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2)A power to make health care decisions; (3)A […]
Section 59-12-3 – Durable power of attorney.
59-12-3. Durable power of attorney. If a principal designates another as the principal’s agent by a written power of attorney which contains the words “This power of attorney shall not be affected by disability of the principal,” or “This power of attorney shall become effective upon the disability of the principal,” or similar words showing […]