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26-1A-302
Section 26-1A-302 Agent's certification. A document substantially in the following format may
be used by an agent to certify facts concerning a power of attorney. AGENT'S CERTIFICATION
AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY State of ___ [County] of___
I, ___ (Name of Agent), [certify] under penalty of perjury that ___ (Name of Principal) granted
me authority as an agent or successor agent in a power of attorney dated ___. I further [certify]
that to my knowledge: (1) the Principal is alive and has not revoked the Power of Attorney
or my authority to act under the Power of Attorney and the Power of Attorney and my authority
to act under the Power of Attorney have not terminated; (2) if the Power of Attorney was drafted
to become effective upon the happening of an event or contingency, the event or contingency
has occurred; (3)...
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26-1A-404
Death Act, if in the opinion of the principal's attending physician the principal is no longer
able to give directions to health care providers. Subject to the express limitation on the
authority of the attorney in fact contained in the durable power of attorney, the attorney
in fact may make any health care decision on behalf of the principal that the principal could
make but for the lack of capacity of the principal to make a decision, but not including psychosurgery,
sterilization, abortion when not necessary to preserve the life of the principal, or
involuntary hospitalization or treatment covered by Subtitle 2 of Title 22. A durable power
of attorney executed pursuant to this section may be revoked by written revocation signed
and dated by the principal or person acting at the direction of the principal, or being obliterated,
burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel
or by a verbal expression of intent to revoke made in the...
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26-1-2
Death Act, if in the opinion of the principal's attending physician the principal is no longer
able to give directions to health care providers. Subject to the express limitation on the
authority of the attorney in fact contained in the durable power of attorney, the attorney
in fact may make any health care decision on behalf of the principal that the principal could
make but for the lack of capacity of the principal to make a decision, but not including psychosurgery,
sterilization, abortion when not necessary to preserve the life of the principal, or
involuntary hospitalization or treatment covered by Subtitle 2 of Title 22. A durable power
of attorney executed pursuant to this section may be revoked by written revocation signed
and dated by the principal or person acting at the direction of the principal, or being obliterated,
burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel
or by a verbal expression of intent to revoke made in the...
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23-2-168
Section 23-2-168 Electronic toll collection. THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE
2019 REGULAR SESSION, EFFECTIVE JANUARY 1, 2024. TO SEE THE AMENDED VERSION, SEE THE VERSION
LABELED PENDING. (a) The authority, department, private toll entity, or an agent or representative
thereof may collect a toll fee by utilizing a system of collection that is capable of charging
an account holder the required toll fee by transmission of information from an electronic
toll collection device on a motor vehicle. In addition, for any motor vehicle that does not
use an electronic toll collection device, the authority, department, private toll entity,
or an agent or representative thereof may utilize a photo-monitoring or other electronic system
for toll fee collection. (b) Any person or entity desiring to pay tolls electronically shall
apply to the authority, department, private toll entity, or an agent or representative thereof
to become an account holder. The authority, department, private...
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26-1A-116
Section 26-1A-116 Judicial relief. (a) The following persons may petition a court to construe
a power of attorney, determine the validity of 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, parent, or descendant; (5) an individual who
would qualify as a presumptive heir of the principal; (6) a person named as a beneficiary
to receive any property, benefit, or contractual right on the principal's death or as a beneficiary
of a trust created by or for the principal that has a financial interest in the principal's
estate; (7) a governmental agency having regulatory authority to protect the welfare of the
principal; (8) the principal's caregiver or another person that demonstrates sufficient interest
in the principal's welfare; (9) a person asked to...
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26-1A-202
Section 26-1A-202 Incorporation of authority. (a) An agent has authority described in this
article if the power of attorney refers to general authority with respect to the descriptive
term for the subjects stated in Sections 26-1A-204 through 26-1A-217 or cites the section
in which the authority is described. (b) A reference in a power of attorney to general authority
with respect to the descriptive term for a subject in Sections 26-1A-204 through 26-1A-217
or a citation to a section of Sections 26-1A-204 through 26-1A-217 incorporates the entire
section as if it were set out in full in the power of attorney. (c) A principal may modify
authority incorporated by reference. (Act 2011-683, p. 2015, §1.)...
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26-1A-210
Section 26-1A-210 Insurance and annuities. Unless the power of attorney otherwise provides,
language in a power of attorney granting general authority with respect to insurance and annuities
authorizes the agent to: (1) continue, pay the premium or make a contribution on, modify,
exchange, rescind, release, or terminate a contract procured by or on behalf of the principal
which insures or provides an annuity to either the principal or another person, whether or
not the principal is a beneficiary under the contract; (2) procure new, different, and additional
contracts of insurance and annuities for the principal and the principal's spouse, children,
and other dependents, and select the amount, type of insurance or annuity, and mode of payment;
(3) pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate
a contract of insurance or annuity procured by the agent; (4) apply for and receive a loan
secured by a contract of insurance or annuity; (5) surrender...
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26-1A-213
Section 26-1A-213 Personal and family maintenance. (a) Unless the power of attorney otherwise
provides, language in a power of attorney granting general authority with respect to personal
and family maintenance authorizes the agent to: (1) perform the acts necessary to maintain
the customary standard of living of the principal, the principal's spouse, and the following
individuals, whether living when the power of attorney is executed or later born: (A) the
principal's children; (B) other individuals legally entitled to be supported by the principal;
and (C) the individuals whom the principal has customarily supported or indicated the intent
to support; (2) make periodic payments of child support and other family maintenance required
by a court or governmental agency or an agreement to which the principal is a party; (3) provide
living quarters for the individuals described in paragraph (1) by: (A) purchase, lease, or
other contract; or (B) paying the operating costs, including...
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26-1A-118
Section 26-1A-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 there is no conservator,
if either has been appointed for the principal and a co-agent or successor agent; or (2) if
there is no person described in paragraph (1): (A) the principal's caregiver; (B) another
person reasonably believed by the agent to have sufficient interest in the principal's welfare;
or (C) a governmental agency having authority to protect the welfare of the principal. (Act
2011-683, p. 2015, §1.)...
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26-1A-119
Section 26-1A-119 Acceptance of and reliance upon acknowledged power of attorney. (a) For purposes
of this section and Section 26-1A-120, "acknowledged" means purportedly verified
before a notary public or other individual authorized to take acknowledgments and "reasonable
time" shall not be deemed to be less than seven business days. (b) A person that effects
a transaction in reliance upon an acknowledged power of attorney without actual knowledge
that the signature is not genuine may rely upon the presumption under Section 26-1A-105 that
the signature is genuine. (c) A person that effects a transaction in reliance upon an acknowledged
power of attorney without actual knowledge that the power of attorney is void, invalid, or
terminated, that the purported agent's authority is void, invalid, or terminated, or that
the agent is exceeding or improperly exercising the agent's authority is fully exonerated
from any liability for effecting the transaction in reliance upon the power of...
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