§ 3512. Other common law and statutory remedies still available
§ 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
§ 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
§ 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
§ 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
§ 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 […]
§ 3507. Termination; revocation
§ 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
§ 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
§ 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
§ 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
§ 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 […]