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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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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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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-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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26-1-2.1
Section 26-1-2.1 Gifts by power of attorney. (a) If any power of attorney or other writing
either authorizes an attorney in fact or other agent to do, execute, or perform any act that
the principal might or could do, or evidences the principal's intent to give the attorney
in fact or agent full power to handle the principal's affairs or deal with the principal's
property, the attorney in fact or agent shall have the power and authority to make gifts of
any of the principal's property to any individuals, including the attorney in fact or agent,
within the limits of the annual exclusion as provided by Section 2503(b) of Title 26 of the
United States Code, and taking into account the availability of Section 2513 of Title 26 of
the United States Code, as the same may from time to time be amended, or to organizations
described in Sections 170(c) and 2522(a) of Title 26 of the United States Code, or corresponding
future provisions of federal tax law, or both, as the attorney in fact or agent...
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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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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-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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26-1A-212
Section 26-1A-212 Claims and litigation. Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to claims and litigation authorizes
the agent to: (1) assert and maintain before a court or administrative agency a claim, claim
for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action
to recover property or other thing of value, recover damages sustained by the principal, eliminate
or modify tax liability, or seek an injunction, specific performance, or other relief; (2)
bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or
intermediate relief and use an available procedure to effect or satisfy a judgment, order,
or decree; (4) make or accept a tender, offer of judgment, or admission of facts, submit a
controversy on an agreed statement of facts, consent...
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