Section 121 – Principles of law and equity.
Effective 5/10/2016 75-9-121. Principles of law and equity. Unless displaced by a provision of this chapter, the principles of law and equity supplement this act. Enacted by Chapter 256, 2016 General Session
Section 112 – Reimbursement and compensation of agent.
Effective 5/10/2016 75-9-112. 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. Enacted by Chapter 256, 2016 General Session
Section 113 – Agent’s acceptance.
Effective 5/10/2016 75-9-113. 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. Enacted by Chapter 256, 2016 General Session
Section 114 – Agent’s duties.
Effective 5/10/2016 75-9-114. Agent’s duties. (1) 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, in the principal’s best interest; (b) act in good faith; (c) act only within the scope […]
Section 115 – Exoneration of agent.
Effective 5/10/2016 75-9-115. 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: (1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, […]
Section 116 – Judicial relief.
Effective 5/10/2016 75-9-116. Judicial relief. (1) The following persons may petition a court to construe a power of attorney or review the agent’s conduct and grant appropriate relief: (a) the principal or the agent; (b) a guardian, conservator, or other fiduciary acting for the principal; (c) a person authorized to make health care decisions for […]
Section 117 – Agent’s liability.
Effective 5/10/2016 75-9-117. Agent’s liability. An agent that violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to: (1) restore the value of the principal’s property to what it would have been had the violation not occurred; and (2) reimburse the principal or the principal’s successors […]
Section 118 – Agent’s resignation — Notice.
Effective 5/10/2016 75-9-118. 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: (1) to the guardian, if one has been appointed for the principal, and a coagent or successor agent; or […]
Section 104 – Power of attorney is durable.
Effective 5/10/2016 75-9-104. Power of attorney is durable. A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal. Enacted by Chapter 256, 2016 General Session
Section 105 – Execution of power of attorney.
Effective 5/4/2022 75-9-105. Execution of power of attorney. (1) A power of attorney shall be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney before a notary public or other individual authorized by the law to take […]