26-1A-114
Section 26-1A-114 Agent's duties. (a) Notwithstanding provisions in the power of attorney,
an agent that has accepted appointment shall: (1) act in accordance with the principal's reasonable
expectations to the extent actually known by the agent and, otherwise, in the principal's
best interest; (2) act in good faith; and (3) act only within the scope of authority granted
in the power of attorney. (b) Except as otherwise provided in the power of attorney, an agent
that has accepted appointment shall: (1) act loyally for the principal's benefit; (2) act
so as not to create a conflict of interest that impairs the agent's ability to act impartially
in the principal's best interest; (3) act with the care, competence, and diligence ordinarily
exercised by agents in similar circumstances; (4) keep a record of all receipts, disbursements,
and transactions made on behalf of the principal; (5) cooperate with a person that has authority
to make health care decisions for the principal to carry out...
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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-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-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-217
Section 26-1A-217 Gifts. (a) In this section, a gift "for the benefit of" a person
includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition
savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529,
26 U.S.C. Section 529, as amended. (b) Unless the power of attorney otherwise expressly provides,
language in a power of attorney granting general authority with respect to gifts authorizes
the agent only to: (1) make outright to, or for the benefit of, a person including the agent,
a gift of any of the principal's property, including by the exercise of a presently exercisable
general power of appointment held by the principal, in an amount per donee not to exceed the
annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section
2503(b), 26 U.S.C. Section 2503(b), as amended, without regard to whether the federal gift
tax exclusion applies to the gift, or if the principal's spouse agrees to...
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19-3D-11
Section 19-3D-11 Decanting power under expanded distributive dicretion. (a) In this section
the following terms have the following meanings: (1) NONCONTINGENT RIGHT. A right that is
not subject to the exercise of discretion or the occurrence of a specified event that is not
certain to occur. The term does not include a right held by a beneficiary if any person has
discretion to distribute property subject to the right to any person other than the beneficiary
or the beneficiary's estate. (2) PRESUMPTIVE REMAINDER BENEFICIARY. A qualified beneficiary
other than a current beneficiary. (3) SUCCESSOR BENEFICIARY. A beneficiary that is not a qualified
beneficiary on the date the beneficiary's qualification is determined. The term does not include
a person that is a beneficiary only because the person holds a nongeneral power of appointment.
(4) VESTED INTEREST. (A) A right to a mandatory distribution that is a noncontingent right
as of the date of the exercise of the decanting power; (B) a...
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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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8-26B-5
Section 8-26B-5 Registration as athlete agent; application; requirements; reciprocal registration.
(a) An applicant for registration as an athlete agent shall submit an application for registration
to the Secretary of State in a form prescribed by the Secretary of State. The applicant must
be an individual, and the application must be signed by the applicant under penalty of perjury.
The application must contain at least the following: (1) the name and date and place of birth
of the applicant and the following contact information for the applicant: (A) the address
of the applicant's principal place of business; (B) work and mobile telephone numbers; and
(C) any means of communicating electronically, including a facsimile number, electronic-mail
address, and personal and business or employer websites; (2) the name of the applicant's business
or employer, if applicable, including for each business or employer, its mailing address,
telephone number, organization form, and the nature of...
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19-3A-303
Section 19-3A-303 Apportionment when income interest ends. (a) For the purposes of this section,
"undistributed income" means net income received before the date on which an income
interest ends. The term does not include an item of income or expense that is due or accrued
or net income that has been added or is required to be added to principal under the terms
of the trust. (b) Except as provided in subsection (c), on the date when a mandatory income
interest ends, the fiduciary shall pay to a mandatory income beneficiary who survives that
date, or the estate of a deceased mandatory income beneficiary whose death causes the interest
to end, the mandatory income beneficiary's share of the undistributed income that is not disposed
of under the terms of the trust. (c) If, immediately before the income interest ends, the
mandatory income beneficiary has an unqualified power to revoke more than five percent of
the trust, then the undistributed income from the portion of the trust that may...
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26-1A-216
Section 26-1A-216 Taxes. Unless the power of attorney otherwise provides, language in a power
of attorney granting general authority with respect to taxes authorizes the agent to: (1)
prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property,
Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for
extension of time, petitions regarding tax matters, and any other tax-related documents, including
receipts, offers, waivers, consents, including consents and agreements under Internal Revenue
Code Section 2032A, 26 U.S.C. Section 2032A, as amended, closing agreements, and any power
of attorney required by the Internal Revenue Service or other taxing authority with respect
to a tax year upon which the statute of limitations has not run and the following 25 tax years;
(2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest
deficiencies determined by the Internal Revenue Service or other...
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