26-1A-206
Section 26-1A-206 Stocks and bonds. Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to stocks and bonds authorizes
the agent to: (1) buy, sell, and exchange stocks and bonds; (2) establish, continue, modify,
or terminate an account with respect to stocks and bonds; (3) pledge stocks and bonds as security
to borrow, pay, renew, or extend the time of payment of a debt of the principal; (4) receive
certificates and other evidences of ownership with respect to stocks and bonds; and (5) exercise
voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts,
and consent to limitations on the right to vote. (Act 2011-683, p. 2015, §1.)...
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26-1A-111
Section 26-1A-111 Co-agents and successor agents. (a) A principal may designate two or more
persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent
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. A principal may grant authority to designate one or more successor agents
to an agent or other person designated by name, office, or function. Unless the power of attorney
otherwise provides, a successor agent: (1) has the same authority as that granted to the original
agent; and (2) may not act until all predecessor agents have resigned, died, become incapacitated,
are no longer qualified to serve, or have declined to serve. (c) Except as otherwise provided
in the power of attorney and subsection (d), an agent that does not participate in or conceal
a breach of fiduciary duty committed by another...
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26-1A-209
Section 26-1A-209 Operation of entity or business. Subject to the terms of a document or an
agreement governing an entity or an entity ownership interest, and unless the power of attorney
otherwise provides, language in a power of attorney granting general authority with respect
to operation of an entity or business authorizes the agent to: (1) operate, buy, sell, enlarge,
reduce, or terminate an ownership interest; (2) perform a duty or discharge a liability and
exercise in person or by proxy a right, power, privilege, or option that the principal has,
may have, or claims to have; (3) enforce the terms of an ownership agreement; (4) initiate,
participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept
a compromise with respect to litigation to which the principal is a party because of an ownership
interest; (5) exercise in person or by proxy, or enforce by litigation or otherwise, a right,
power, privilege, or option the principal has or claims to...
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19-3A-104
Section 19-3A-104 Trustee's power to adjust. (a) If the terms of the trust expressly provide
by specific reference to this section, then a trustee may have the power to adjust between
principal and income to the extent the trustee considers necessary if (1) the trustee invests
and manages trust assets as a prudent investor; (2) the terms of the trust describe the amount
that may or must be distributed to a beneficiary by referring to the trust's income, and (3)
the trustee determines, after applying the rules in Section 19-3A-103(a), that the trustee
is unable to comply with Section 19-3A-103(b). (b) In deciding whether and to what extent
to exercise the power conferred by subsection (a), a trustee shall consider all factors relevant
to the trust and its beneficiaries, including, but not limited to: (1) The nature, purpose,
and expected duration of the trust; (2) The intent of the settlor; (3) The identity and circumstances
of the beneficiaries; (4) The needs for liquidity for the...
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26-1A-214
Section 26-1A-214 Benefits from governmental programs or civil or military service. (a) In
this section, "benefits from governmental programs or civil or military service"
means any benefit, program, or assistance provided under a statute or regulation including,
but not limited to, Social Security, Medicare, and Medicaid. (b) Unless the power of attorney
otherwise provides, language in a power of attorney granting general authority with respect
to benefits from governmental programs or civil or military service authorizes the agent to:
(1) execute vouchers in the name of the principal for allowances and reimbursements payable
by the United States or a foreign government or by a state or subdivision of a state to the
principal, including allowances and reimbursements for transportation of the individuals described
in Section 26-1A-213(a)(1), and for shipment of their household effects; (2) take possession
and order the removal and shipment of property of the principal from a post,...
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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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35-8A-104
Section 35-8A-104 Variation by agreement. Except as expressly provided in this chapter, provisions
of this chapter may not be varied by agreement, and rights conferred by this chapter may not
be waived. A declarant may not act under a power of attorney, or use any other device, to
evade the limitations or prohibitions of this chapter or the declaration. (Acts 1990, No.
90-551, p. 858, §1-104.)...
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26-1A-211
Section 26-1A-211 Estates, trusts, and other beneficial interests. (a) In this section, "estates,
trusts, and other beneficial interests" means a trust, probate estate, guardianship,
conservatorship, escrow, or custodianship or a fund from which the principal is, may become,
or claims to be, entitled to a share or payment. (b) Unless the power of attorney otherwise
provides, language in a power of attorney granting general authority with respect to estates,
trusts, and other beneficial interests authorizes the agent to: (1) accept, receive, receipt
for, sell, assign, pledge, or exchange a share in or payment from the fund; (2) demand or
obtain money or another thing of value to which the principal is, may become, or claims to
be, entitled by reason of the fund, by litigation or otherwise; (3) exercise for the benefit
of the principal a presently exercisable general power of appointment held by the principal;
(4) initiate, participate in, submit to alternative dispute resolution,...
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12-21-83
Section 12-21-83 Validity of unsworn declaration. (a) Except as otherwise provided in subsection
(b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration
meeting the requirements of this subdivision has the same effect as a sworn declaration. (b)
This subdivision does not apply to: (1) a deposition; (2) an oath of office; (3) an oath required
to be given before a specified official other than a notary public; (4) a declaration to be
recorded pursuant to Title 35; (5) an oath required by Sections 43-8-132 and 43-8-133; or
(6) a durable power of attorney executed pursuant to Chapter 1 of Title 26. (Act 2011-533,
p. 884, §1.)...
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27-31-2
Section 27-31-2 Applicability of chapter. (a) All authorized reciprocal insurers shall be governed
by those sections of this chapter not expressly made applicable to domestic reciprocals. (b)
Existing authorized reciprocal insurers shall, after January 1, 1972, comply with the provisions
of this chapter and shall make such amendments to their subscribers' agreement, power of attorney,
policies, and other documents and accounts and perform such other acts as may be required
for such compliance. (Acts 1971, No. 407, p. 707, §592.)...
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