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26-1A-109
Section 26-1A-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,
in the power of attorney, may authorize one or more persons to determine in a writing or other
record that the event or contingency has occurred. (c) If a power of attorney becomes effective
upon the principal's incapacity and the principal has not authorized a person to determine
whether the principal is incapacitated, or the person authorized is unable or unwilling to
make the determination, the power of attorney becomes effective upon a determination in a
writing or other record by: (1) a physician or licensed psychologist that the principal is
incapacitated within the meaning of Section 26-1A-102(5)(A); or (2) an...
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26-2A-138
Section 26-2A-138 Who may be appointed conservator; priorities. (a) The court may appoint an
individual or a corporation with general power to serve as trustee or conservator of the estate
of a protected person. The following are entitled to consideration for appointment in the
order listed: (1) A conservator, guardian of property, or other like fiduciary appointed or
recognized by an appropriate court of any other jurisdiction in which the protected person
resides; (2) An individual or corporation nominated by the protected person who is 14 or more
years of age and of sufficient mental capacity to make an intelligent choice; (3) An attorney-in-fact
under a valid durable power of attorney previously executed by the protected person and giving
the attorney-in-fact reasonably broad powers over the property of the protected person; (4)
The spouse of the protected person, or a person nominated by the will of a deceased spouse
to whom the protected person was married at the decedent's death...
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22-8A-14
Section 22-8A-14 Filing and recording of living will; fee; inspection; duty of declarant to
provide copy to health care providers. (a) A person may file and have recorded a living will
in the office of the judge of probate in the county where the person resides. For the purpose
of this section, the term "living will" means an advanced directive for health care
as provided for in this chapter, or a similar document. (b) The fee for recording a living
will shall be five dollars ($5), which shall be deposited in the county general fund. In addition,
any other recording fees required by general or local law shall also be collected and shall
be distributed as provided by that law. (c)(1) A living will recorded pursuant to this section
shall not be open for general public inspection, but shall be available for inspection and
copying at the request of emergency medical personnel, hospital personnel, treating physicians,
members of the immediate family, a person with a power of attorney or...
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27-21B-10
Section 27-21B-10 Enforcement of health care coverage for certain employers. (a) In any case
in which a noncustodial parent is required by a court or administrative order to provide health
care coverage for such child and the employer of the noncustodial parent is known to the Department
of Human Resources, the department shall use the federally required medical support notice
to provide notice to the employer of the requirement for employer-based health care coverage
for the child through the parent of the child who has been ordered to provide health care
coverage for the child unless a court or administrative order stipulates that alternative
health care coverage to employer-based coverage is to be provided for a child subject to a
Title IV-D child support order. In the case of an employer entered in the directory of new
hires pursuant to Section 25-11-5, the department shall send the federal medical support notice
to any employer of a noncustodial parent subject to the order within...
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27-1-19
Section 27-1-19 Reimbursement of health care providers. (a) The insured, or health or dental
plan beneficiary may assign reimbursement for health or dental care services directly to the
provider of services. Health benefits include medical, pharmacy, podiatric, chiropractic,
optometric, durable medical equipment, and home care services. The company or agency, when
authorized by the insured, or health or dental plan beneficiary, shall pay directly to the
health care provider the amount of the claim, under the same criteria and payment schedule
that would have been reimbursed directly to the contract provider, and any applicable interest.
This amount only applies to assigned claims. Any company or agency making a payment to the
insured, or health or dental plan beneficiary, after the rights of reimbursement have been
assigned to the provider of services, shall be liable to the provider for the payment. If
the company or agency fails to reimburse the provider in accordance with the terms...
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22-19-163
Section 22-19-163 Who may make anatomical gift before donor's death. Subject to Section 22-19-167,
an anatomical gift of a donor's body or part may be made during the life of the donor for
the purpose of transplantation, therapy, research, or education in the manner provided in
Section 22-19-164 by: (1) the donor, if the donor is an adult or if the donor is a minor and
is: (A) emancipated; or (B) authorized under state law to apply for a driver's license because
the donor is at least 16 years of age; (2) an agent of the donor, unless the power of attorney
for health care or other record prohibits the agent from making an anatomical gift; (3) a
parent of the donor, if the donor is an unemancipated minor; or (4) the donor's guardian.
(Act 2008-453, p. 867, §1.)...
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26-1A-120
Section 26-1A-120 Liability for refusal to accept acknowledged power of attorney. (a) Except
as otherwise provided in subsection (b): (1) a person shall either effect a requested transaction
in reliance upon an acknowledged power of attorney or request a certification, a translation,
or an opinion of counsel under Section 26-1A-119(d) within a reasonable time after presentation
of the power of attorney and a request to effect the transaction; (2) if a person requests
a certification, a translation, or an opinion of counsel under Section 26-1A-119(d), the person
shall effect the transaction in reliance upon the power of attorney within a reasonable time
after receipt of the certification, translation, or opinion of counsel; and (3) a person may
not require an additional or different form of power of attorney for authority granted in
the power of attorney presented. (b) A person is not required to effect a transaction in reliance
upon an acknowledged power of attorney: (1) if the person...
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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-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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26-1A-103
Section 26-1A-103 Applicability. (a) This chapter applies to all powers of attorney, executed
on or after January 1, 2012, 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; (2) a proxy or other delegation to exercise voting rights
or management rights with respect to an entity; and (3) a power created on a form prescribed
by a government or governmental subdivision, agency, or instrumentality for a governmental
purpose. (b) A power to make health care decisions executed on or after January 1, 2012, is
governed by Section 26-1A-404. Nothing in this chapter shall affect any action taken under
the Natural Death Act, Chapter 8A of Title 22. (Act 2011-683, p. 2015, §1.)...
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