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26-1A-102
Section 26-1A-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, co-agent, successor agent,
and a person to which an agent's authority is delegated. (2) "Durable," with respect
to a power of attorney, means not terminated by the principal's incapacity. (3) "Electronic"
means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic,
or similar capabilities. (4) "Good faith" means honesty in fact. (5) "Incapacity"
means inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate
decisions even with the use of technological assistance; or (B) is: (i) missing; (ii) detained,
including incarcerated in a penal system; or (iii) outside the United States and...
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19-1A-10
Section 19-1A-10 (Effective January 1, 2018) Disclosure of other digital assets of principal.
Unless otherwise ordered by the court, directed by the principal, or provided by a power of
attorney, a custodian shall disclose to an agent with specific authority over digital assets
or general authority to act on behalf of a principal a catalogue of electronic communications
sent or received by the principal and digital assets, other than the content of electronic
communications, of the principal if the agent gives the custodian: (1) a written request for
disclosure in physical or electronic form; (2) an original or a copy of the power of attorney
that gives the agent specific authority over digital assets or general authority to act on
behalf of the principal; (3) a certification by the agent, under penalty of perjury, that
the power of attorney is in effect; and (4) if requested by the custodian: (A) a number, username,
address, or other unique subscriber or account identifier assigned by...
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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-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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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except as provided
by subsection (e), an incapacitated person or any person interested in the welfare of the
incapacitated person may petition for appointment of a limited or general guardian. (b) After
the filing of a petition, the court shall set a date for hearing on the issue of incapacity
so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated
person is represented by counsel, appoint an attorney to represent the person in the proceeding.
The person so appointed may be granted the powers and duties of a guardian ad litem. The person
alleged to be incapacitated shall be examined by a physician or other qualified person appointed
by the court who shall submit a report in writing to the court. The person alleged to be incapacitated
also shall be interviewed by a court representative sent by the court. The court representative
also shall interview the person who...
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19-1A-9
Section 19-1A-9 (Effective January 1, 2018) Disclosure of content of electronic communications
of principal. To the extent a power of attorney expressly grants an agent authority over the
content of electronic communications sent or received by the principal and unless directed
otherwise by the principal or the court, a custodian shall disclose to the agent the content
if the agent gives the custodian: (1) a written request for disclosure in physical or electronic
form; (2) an original or copy of the power of attorney expressly granting the agent authority
over the content of electronic communications of the principal; (3) a certification by the
agent, under penalty of perjury, that the power of attorney is in effect; and (4) if requested
by the custodian: (A) a number, username, address, or other unique subscriber or account identifier
assigned by the custodian to identify the principal's account; or (B) evidence linking the
account to the principal. (Act 2017-316, §1.)...
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26-1A-203
Section 26-1A-203 Construction of authority generally. Except as otherwise provided in the
power of attorney, by executing a power of attorney that incorporates by reference a subject
described in Sections 26-1A-204 through 26-1A-217 or that grants to an agent authority to
do all acts that a principal could do pursuant to Section 26-1A-201(c), a principal authorizes
the agent, with respect to that subject, to: (1) demand, receive, and obtain by litigation
or otherwise, money or another thing of value to which the principal is, may become, or claims
to be entitled, and conserve, invest, disburse, or use anything so received or obtained for
the purposes intended; (2) contract in any manner with any person, on terms agreeable to the
agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform,
restate, release, or modify the contract or another contract made by or on behalf of the principal;
(3) execute, acknowledge, seal, deliver, file, or record any...
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26-2A-104
Section 26-2A-104 Who may be guardian; priorities. (a) Any qualified person may be appointed
guardian of an incapacitated person. (b) Unless lack of qualification or other good cause
dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated
person's most recent nomination in a durable power of attorney. (c) Except as provided in
subsection (b), the following are entitled to consideration for appointment in the order listed:
(1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse
or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;
(2) An adult child of the incapacitated person; (3) A parent of the incapacitated person,
or a person nominated by will of a deceased parent or by other writing signed by a parent
and attested by at least two witnesses or acknowledged; (4) Any relative of the incapacitated
person with whom the person has resided for more than six months prior...
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26-2A-7
Section 26-2A-7 Delegation of powers by parent or guardian; parental authority. (a) A parent
who has custody, or a guardian, of a minor or incapacitated person, by a properly executed
power of attorney, may delegate to another person, for a period not exceeding one year, any
power regarding health, support, education, or maintenance of the person or property of the
minor child or ward, except the power to consent to marriage or adoption of a minor ward.
Temporary "delegation" of parental powers does not relieve the parent or guardian
of the primary responsibility for the minor or incapacitated person. (b) The provisions of
subsection (a) of this section shall not be used or construed to allow a parent or guardian
to thwart or circumvent provisions of Chapter 15 of Title 12 and Article 2 of Chapter 2 of
Title 44. (Acts 1987, No. 87-590, p. 975, §1-107; Acts 1988, 1st Ex. Sess., No. 88-898, p.
455, §1.)...
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26-1A-208
Section 26-1A-208 Banks and other financial institutions. Unless the power of attorney otherwise
provides, language in a power of attorney granting general authority with respect to banks
and other financial institutions authorizes the agent to: (1) continue, modify, and terminate
an account or other banking arrangement made by or on behalf of the principal; (2) establish,
modify, and terminate an account or other banking arrangement with a bank, trust company,
savings and loan association, credit union, thrift company, brokerage firm, or other financial
institution selected by the agent; (3) contract for services available from a financial institution,
including renting a safe deposit box or space in a vault; (4) withdraw, by check, order, electronic
funds transfer, or otherwise, money or property of the principal deposited with or left in
the custody of a financial institution; (5) receive statements of account, vouchers, notices,
and similar documents from a financial institution...
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