§ 28-68-101. Short title
This chapter shall be known and may be cited as the Uniform Power of Attorney Act.
§ 28-68-102. Definitions
In this chapter: (1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent’s authority is delegated. (2) “Durable,” with respect to a power of attorney, […]
§ 28-68-103. Applicability
This chapter applies to all powers of attorney except: (1) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2) a power to make health-care decisions; (3) a proxy […]
§ 28-68-104. Power of attorney is durable
A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.
§ 28-68-105. Execution of power of attorney
A power of attorney must be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public […]
§ 28-68-106. Validity of power of attorney
(a) A power of attorney executed in this state on or after January 1, 2012, is valid if its execution complies with § 28-68-105. (b) A power of attorney executed in this state before January 1, 2012, is valid if its execution complied with the law of this state as it existed at the time […]
§ 28-68-107. Meaning and effect of power of attorney
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
§ 28-68-108. Nomination of guardian — Relation of agent to court-appointed fiduciary
(a) In a power of attorney, a principal may nominate a guardian 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. Except for good cause shown or disqualification, the court […]
§ 28-68-109. 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, […]
§ 28-68-110. Termination of power of attorney or agent’s authority
(a) A power of attorney terminates when: (1) the principal dies; (2) the principal becomes incapacitated, if the power of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power of attorney provides that it terminates; (5) the purpose of the power of attorney is accomplished; or (6) the principal […]
§ 28-68-111. 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 its authority independently. (b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. […]
§ 28-68-112. 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.
§ 28-68-113. 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.
§ 28-68-114. Agent’s duties
(a) Notwithstanding provisions in the power of attorney, an agent that 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; (2) act in good faith; and (3) act only within the scope of authority granted in […]
§ 28-68-115. Exoneration of agent
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 the […]
§ 28-68-116. 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; (2) a guardian, conservator, or other fiduciary acting for the principal; (3) a person authorized to make health-care decisions for the principal; (4) the principal’s spouse, […]
§ 28-68-117. Agent’s liability
An agent that violates this chapter 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; and (2) reimburse the principal or the principal’s successors in interest for the attorney’s […]
§ 28-68-118. Agent’s resignation — Notice
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 (2) if there is no […]
§ 28-68-119. Acceptance of and reliance upon acknowledged power of attorney
(a) For purposes of this section and § 28-68-120, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgements. (b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under § 28-68-105 that […]
§ 28-68-120. Liability for refusal to accept acknowledged statutory form power of attorney
(a) In this section, “statutory form power of attorney” means a power of attorney substantially in the form provided in § 28-68-301 or that meets the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as it existed on January 1, 2011. (b) Except as otherwise provided in subsection (c): (1) […]