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26-1A-201
Section 26-1A-201 Authority that requires specific grant; grant of general authority. (a) An
agent under a power of attorney may do the following on behalf of the principal or with the
principal's property only if the power of attorney expressly grants the agent the authority
and exercise of the authority is not otherwise prohibited by another agreement or instrument
to which the authority or property is subject: (1) create, amend, revoke, or terminate an
inter vivos trust; (2) [reserved]; (3) create or change rights of survivorship; (4) create
or change a beneficiary designation; (5) delegate authority granted under the power of attorney;
(6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including
a survivor benefit under a retirement plan; or (7) exercise fiduciary powers that the principal
has authority to delegate. (b) Notwithstanding a grant of authority to do an act described
in subsection (a), unless the power of attorney otherwise expressly...
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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-2
Section 19-1A-2 (Effective January 1, 2018) Definitions. In this chapter, the following terms
have the following meanings: (1) "Account" means an arrangement under a terms-of-service
agreement in which a custodian carries, maintains, processes, receives, or stores a digital
asset of the user or provides goods or services to the user. (2) "Agent" means a
person granted authority to act for a principal under a power of attorney, whether denoted
an agent, attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor
agent, and person to which an agent's authority is delegated. (3) "Carries" means
engages in the transmission of an electronic communication. (4) "Catalogue of electronic
communications" means information that identifies each person with which a user has had
an electronic communication, the time and date of the communication, and the electronic address
of the person. (5) "Conservator" means a person appointed by a court to manage the
estate of a...
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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-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-108
Section 26-1A-108 Nomination of conservator or guardian; relation of agent to court-appointed
fiduciary. (a) In a power of attorney, a principal may nominate a conservator of the principal's
estate or guardian of the principal's person for consideration by the court, if protective
proceedings for the principal's estate or person are begun after the principal executes the
power of attorney. Except for good cause shown or disqualification, the court shall make its
appointment in accordance with the principal's most recent nomination. (b) If, after a principal
executes a power of attorney, a court appoints a conservator of the principal's estate or
other fiduciary charged with the management of all the property of the principal or all of
his or her property except specified exclusions, the agent is accountable to the fiduciary
as well as to the principal. In such event, the fiduciary has the same power to revoke or
amend the power of attorney that the principal would have had if he or she...
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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, ยง1.)...
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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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34-27-82
Section 34-27-82 Roles and duties of licensees; written disclosure documents; exceptions; brokerage
agreements. (a) When engaged in any real estate transaction, the licensee may act as a single
agent, sub-agent, a limited consensual dual agent, or as a transaction broker. (b) At the
initial contact between a licensee and the consumer and until such time a broker enters into
a specific written agreement to establish an agency relationship with one or more of the parties
to a transaction, the licensee shall not be considered an agent of that consumer. An agency
relationship shall not be assumed, implied, or created without a written bilateral agreement
establishing the terms of the agency relationship. (c) As soon as reasonably possible and
before any confidential information is disclosed to any other person by a licensee, the licensee
shall provide a written disclosure form to a consumer for signature describing the alternative
types of brokerage services, as identified in subsection...
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10A-5-3.03
Section 10A-5-3.03 Agency power of members and managers; duties. REPEALED IN THE 2014 REGULAR
SESSION BY ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) Except as provided in subsection (b),
every member is an agent of the limited liability company for the purpose of its business
or affairs, and the act of any member, including, but not limited to, the execution in the
name of the limited liability company of any instrument, for apparently carrying on in the
usual way the business or affairs of the limited liability company binds the limited liability
company, unless the member so acting has, in fact, no authority to act for the limited liability
company in the particular matter and the person with whom the member is dealing has knowledge
of the fact that the member has no such authority. (b) If the certificate of formation provides
that management of the limited liability company is vested in a manager or managers, both
of the following conditions apply: (1) No member, acting solely in...
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