§ 3553. Applicability
§ 3553. Applicability (a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017; (2) a personal representative acting for a decedent who died before, on, or after July 1, 2017; (3) a guardianship proceeding commenced before, on, or after July 1, […]
§ 3554. User direction for disclosure of digital assets
§ 3554. User direction for disclosure of digital assets (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or […]
§ 3555. Terms-of-service agreement
§ 3555. Terms-of-service agreement (a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the […]
§ 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 […]
§ 3502. Creation of a power of attorney
§ 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
§ 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
§ 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
§ 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
§ 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 […]