§39B-1-101. Short Title
This chapter may be cited as the Uniform Power of Attorney Act, and is cited in this chapter as "this act".
§39B-1-102. Definitions
In this act: (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.
§39B-1-103. Applicability
This act 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;
§39B-1-104. Power of Attorney Is Durable
A power of attorney created under this act is durable unless it expressly provides that it is terminated by the incapacity of the principal.
§39B-1-105. 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 and must be acknowledged by the principal before a notary public or other individual authorized by law to take acknowledgments.
§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 […]
§39B-1-107. 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.
§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-1-117. 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-1-120. 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 this act or that meets the requirements for a military power of attorney pursuant to 10 U. S. C. §1044b. (b) Except as otherwise provided in this section: (1) A person shall either accept an […]