§39B-1-108. Nomination of Conservator or Guardian; Relation of Agent to Court-Appointed Fiduciary
(a) In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. In the protective proceedings the court shall consider the […]
§39B-1-109. When Power of Attorney Effective
(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, […]
§39B-1-110. Termination of Power of Attorney or Agent's Authority
(a) A power of attorney terminates when: (1) The principal dies;
§39B-1-111. Coagents and Successor Agents
(a) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise his or her authority independently and the consent of all coagents is not necessary for the validity of an act or transaction. (b) A principal may designate one or more successor […]
§39B-1-112. 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: Provided, That an agent who is related to the principal as an ancestor, spouse or descendent is not entitled to compensation for services as […]
§39B-1-113. 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.
§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;
§39B-1-106. Validity of Power of Attorney
(a) A power of attorney executed in this state on or after the effective date of this act is valid if its execution complies with 39B-1-105 of this code. (b) A power of attorney executed in this state before the effective date of this act is valid if its execution complied with the law of […]