US Lawyer Database

§39B-1-117. Agent's Liability

(a) An agent that violates this act 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;

§39B-1-118. Agent's Resignation; Notice

(a) 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 conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or

§39B-1-119. Acceptance of and Reliance Upon Acknowledged Power of Attorney

(a) For purposes of this section and section one hundred five of this article, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments. (b) A person who in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the […]

§39B-1-114. Agent’s Duties

(a) Notwithstanding provisions in the power of attorney, an agent who has accepted appointment shall: (1) 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;

§39B-1-115. Exoneration of Agent

(a) 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 or with reckless indifference to […]

§39B-1-116. Judicial Relief

(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief: (1) The principal or the agent;