Section 3-9-120 – Liability for Refusal to Accept Acknowledged Power of Attorney.
3-9-120. Liability for refusal to accept acknowledged power of attorney. (a) Except as otherwise provided in subsection (b) of this section, a person that is asked to accept an acknowledged power of attorney shall: (i) Accept the acknowledged power of attorney or request a certification or translation under W.S. 3-9-119(c) not later than seven (7) […]
Section 3-9-121 – Principles of Law and Equity.
3-9-121. Principles of law and equity. Unless displaced by a provision of this act, the principles of law and equity supplement this act.
Section 3-9-122 – Laws Applicable to Financial Institutions and Entities.
3-9-122. Laws applicable to financial institutions and entities. This act does not supersede any other law applicable to financial institutions or other entities. The other law controls if inconsistent with this act.
Section 3-9-123 – Remedies Under Other Law.
3-9-123. Remedies under other law. The remedies under this act are not exclusive and do not abrogate any right or remedy under the law of this state other than this act.
Section 3-9-115 – Exoneration of Agent.
3-9-115. 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: (i) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive or […]
Section 3-9-116 – Judicial Relief.
3-9-116. 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: (i) The principal or the agent; (ii) A guardian, conservator or other fiduciary acting for the principal; (iii) A person authorized to make health care decisions for the principal; […]
Section 3-9-117 – Agent’s Liability.
3-9-117. 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: (i) Restore the value of the principal’s property to what it would have been had the violation not occurred; and (ii) Reimburse the principal or the principal’s successors in […]
Section 3-9-118 – Agent’s Resignation; Notice.
3-9-118. Agent’s resignation; notice. (a) Unless the power of attorney otherwise provides, an agent may resign by giving notice to the principal and, if the principal is incapacitated: (i) To the conservator or guardian of the principal if one (1) has been appointed and a coagent or successor agent; or (ii) To any one (1) […]
Section 3-9-119 – Acceptance of and Reliance Upon Acknowledged Power of Attorney.
3-9-119. Acceptance of and reliance upon acknowledged power of attorney. (a) A person that in good faith accepts a purportedly acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under W.S. 3-9-105 that the signature is genuine. (b) A person that in good faith accepts a […]
Section 3-9-110 – Termination of Power of Attorney or Agent’s Authority.
3-9-110. Termination of power of attorney or agent’s authority. (a) A power of attorney terminates when the: (i) Principal dies; (ii) Principal becomes incapacitated, if the power of attorney is not durable; (iii) Principal revokes the power of attorney; (iv) Power of attorney provides that it terminates; (v) Purpose of the power of attorney is […]