§ 3502. Creation of a power of attorney (a) Except as provided in subsections (d) and (e) of this section, a power of attorney shall, in order to be valid: (1) be in writing; (2) name one or more persons as agent; (3) give the agent power to act on behalf of the principal; and […]
§ 3503. Execution (a) A power of attorney shall be signed by the principal in the presence of at least one witness and shall be acknowledged before a notary public, who shall be a person other than the witness. (b) If the principal is physically unable to sign, the power of attorney may be signed […]
§ 3504. Scope of authority (a)(1) The agent shall have the authority to act on the principal’s behalf as to all lawful subjects and purposes, but only to the extent such authority is given under the terms of the power of attorney, subject to section 3506 of this title and subsections (b) through (g) of […]
§ 3505. Duties of the agent (a) The agent shall have a fiduciary duty to the principal. The fiduciary duty of the agent requires that the agent, in the performance of his or her duties, shall: (1) act in good faith and in the interest of the principal; (2) refrain from self-dealing except as provided […]
§ 3506. No duty to exercise authority unless specifically provided (a) Except for the duties imposed on agents by this subchapter and except as provided in subsections (b) and (c) of this section, an agent has no duty to exercise any authority granted in a power of attorney, regardless of whether the principal is disabled […]
§ 3507. Termination; revocation (a) Subject to the provisions of subsection (c) of this section, a power of attorney shall terminate upon: (1) the revocation by the principal, as provided in subsection (b) of this section; (2) the divorce of the principal and spouse, where the spouse is the agent; (3) the death of the […]
§ 3508. Durable powers of attorney; when power of attorney not affected by disability (a) A durable power of attorney is created by an explicit term in the power of attorney that “This power of attorney shall not be affected by the subsequent disability or incapacity of the principal,” or similar words showing the intent […]
§ 3509. Effect of subsequent involuntary guardianship on power of attorney (a) On motion filed in connection with a petition for appointment of an involuntary guardian or on petition of a guardian if one has been appointed, the Probate Division of the Superior Court shall consider whether the authority of an agent designated pursuant to […]
§ 3510. Action for accounting; declaratory relief; termination of power of attorney (a) A principal may file a petition in Superior Court to compel the agent to submit an accounting or report his or her acts as agent to the principal or for the purposes listed in subdivisions (c)(1)-(3) of this section. (b) The Commissioner […]
§ 3511. Remedies for violation by agent Any principal who sustains damages or injury as a result of an agent’s action or inaction in violation of this chapter, the terms of a power of attorney, or the agent’s fiduciary duties under a power of attorney may sue for appropriate equitable relief, and may sue and […]
§ 3512. Other common law and statutory remedies still available Nothing in this subchapter shall be construed to abrogate any other causes of action or relief at law or equity to which a principal is entitled under other statutes or at common law. (Added 2001, No. 135 (Adj. Sess.), § 2, eff. June 13, 2002.)
§ 3513. Presumption of validity Any power of attorney executed as provided in this subchapter shall be presumed valid. No third party with whom an agent seeks to act shall require an additional or different form of power of attorney. A photocopy or electronically transmitted facsimile of a duly executed original power of attorney may […]
§ 3514. Reciprocity Nothing in this subchapter limits the enforceability of a power of attorney or similar instrument executed in another state or jurisdiction in compliance with the law of that state or jurisdiction. (Added 2001, No. 135 (Adj. Sess.), § 2, eff. June 13, 2002.)
§ 3515. Provisions of statute implied; may not be waived; severable (a) The duties and obligations of agents under this subchapter shall be deemed incorporated into all powers of attorney. (b) Any term of a power of attorney, executed after June 13, 2002, which purports to waive, or which is otherwise inconsistent with, the provisions […]
§ 3516. Effective date; effect on existing powers of attorney (a) A power of attorney shall be valid if it: (1) complies with the terms of this subchapter; or (2) is executed before July 1, 2002 and valid under common law or statute existing at the time of execution. (b) If a power of attorney […]
