Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 74 First Substitute (2016GS)

Sponsor

Rep. Snow, V. L.

Final action

Governor Signed 3/25/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• creates a framework to create a durable power of attorney;
• sets requirements for execution and termination;
• specifies the duties of an agent once the agent accepts appointment;
• provides for judicial review;
• describes the different types of grants of authority; and
• suggests a standardized form for powers of attorney.

Every vote on this bill

Bill text

UNIFORM POWER OF ATTORNEY ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
Lyle W. Hillyard
LONG TITLE
General Description:
This bill enacts the Uniform Power of Attorney Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates a framework to create a durable power of attorney;
▸ sets requirements for execution and termination;
▸ specifies the duties of an agent once the agent accepts appointment;
▸ provides for judicial review;
▸ describes the different types of grants of authority; and
▸ suggests a standardized form for powers of attorney.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-9-602
, as last amended by Laws of Utah 2015, Chapter 313
ENACTS:
75-9-101
, Utah Code Annotated 1953
75-9-102
, Utah Code Annotated 1953
75-9-103
, Utah Code Annotated 1953
75-9-104
, Utah Code Annotated 1953
75-9-105
, Utah Code Annotated 1953
75-9-106
, Utah Code Annotated 1953
75-9-107
, Utah Code Annotated 1953
75-9-108
, Utah Code Annotated 1953
75-9-109
, Utah Code Annotated 1953
75-9-110
, Utah Code Annotated 1953
75-9-111
, Utah Code Annotated 1953
75-9-112
, Utah Code Annotated 1953
75-9-113
, Utah Code Annotated 1953
75-9-114
, Utah Code Annotated 1953
75-9-115
, Utah Code Annotated 1953
75-9-116
, Utah Code Annotated 1953
75-9-117
, Utah Code Annotated 1953
75-9-118
, Utah Code Annotated 1953
75-9-119
, Utah Code Annotated 1953
75-9-120
, Utah Code Annotated 1953
75-9-121
, Utah Code Annotated 1953
75-9-122
, Utah Code Annotated 1953
75-9-123
, Utah Code Annotated 1953
75-9-201
, Utah Code Annotated 1953
75-9-202
, Utah Code Annotated 1953
75-9-203
, Utah Code Annotated 1953
75-9-204
, Utah Code Annotated 1953
75-9-205
, Utah Code Annotated 1953
75-9-206
, Utah Code Annotated 1953
75-9-207
, Utah Code Annotated 1953
75-9-208
, Utah Code Annotated 1953
75-9-209
, Utah Code Annotated 1953
75-9-210
, Utah Code Annotated 1953
75-9-211
, Utah Code Annotated 1953
75-9-212
, Utah Code Annotated 1953
75-9-213
, Utah Code Annotated 1953
75-9-214
, Utah Code Annotated 1953
75-9-215
, Utah Code Annotated 1953
75-9-216
, Utah Code Annotated 1953
75-9-217
, Utah Code Annotated 1953
75-9-301
, Utah Code Annotated 1953
75-9-302
, Utah Code Annotated 1953
75-9-401
, Utah Code Annotated 1953
75-9-402
, Utah Code Annotated 1953
75-9-403
, Utah Code Annotated 1953
REPEALS:
75-5-501
, as last amended by Laws of Utah 2012, Chapter 274
75-5-502
, as last amended by Laws of Utah 1994, Chapter 82
75-5-503
, as enacted by Laws of Utah 2003, Chapter 241
75-5-504
, as enacted by Laws of Utah 2003, Chapter 241
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-9-602
 is amended to read:
58-9-602.
Determination of control of disposition.
The right and duty to control the disposition of a deceased person, which may include
cremation as well as the location, manner and conditions of the disposition, and arrangements
for funeral goods and services to be provided, vests in the following degrees of relationship in
the order named, provided the person is at least 18 and is mentally competent:
(1) the person designated:
(a) in a written instrument, excluding a power of attorney that terminates at death under
[
Sections 
75-5-501
 and 
75-5-502
] 
Section 
75-9-110
, if the written instrument is acknowledged
before a Notary Public or executed with the same formalities required of a will under Section
75-2-502
; or
(b) by a service member while serving in a branch of the United States Armed Forces
as defined in 10 U.S.C. Sec. 1481 in a federal Record of Emergency Data, DD Form 93 or
subsequent form;
(2) the surviving, legally recognized spouse of the decedent, unless a personal
representative was nominated by the decedent subsequent to the marriage, in which case the
personal representative shall take priority over the spouse;
(3) the person nominated to serve as the personal representative of the decedent's estate
in a will executed with the formalities required in Section 
75-2-502
;
(4) (a) the sole surviving child of the decedent, or if there is more than one child of the
decedent, the majority of the surviving children;
(b) less than one-half of the surviving children are vested with the rights of this section
if they have used reasonable efforts to notify all other surviving children of their instructions
and are not aware of any opposition to those instructions on the part of more than one-half of
all surviving children;
(5) the surviving parent or parents of the decedent, however:
(a) if one of the surviving parents is absent, the remaining parent is vested with the
rights and duties of this section after reasonable efforts have been unsuccessful in locating the
absent surviving parent; or
(b) if the parents are divorced or separated and the decedent was an incapacitated adult,
the parent who was designated as the guardian of the decedent is vested with the rights and
duties of this section;
(6) (a) the surviving brother or sister of the decedent, or if there is more than one
sibling of the decedent, the majority of the surviving siblings;
(b) less than the majority of surviving siblings, if they have used reasonable efforts to
notify all other surviving siblings of their instructions and are not aware of any opposition to
those instructions on the part of more than one-half of all surviving siblings;
(7) the person in the classes of the next degree of kinship, in descending order, under
the laws of descent and distribution to inherit the estate of the decedent, and if there is more
than one person of the same degree, any person of that degree may exercise the right of
disposition;
(8) in the absence of any person under Subsections (1) through (7), the person who was
the decedent's guardian at the time of death;
(9) any public official charged with arranging the disposition of deceased persons; and
(10) in the absence of any person under Subsections (1) through (9), any other person
willing to assume the responsibilities to act and arrange the final disposition of the decedent's
remains, including the personal representative of the decedent's estate or the funeral service
director with custody of the body, after attesting in writing that a good faith effort has been
made to no avail to contact the individuals referred to in Subsections (1) through (9).
Section 2. Section 
75-9-101
 is enacted to read:
CHAPTER 9. UNIFORM POWER OF ATTORNEY ACT
Part 1. General Provisions
 75-9-101.
Title.
This chapter is known as the "Uniform Power of Attorney Act."
Section 3. Section 
75-9-102
 is enacted to read:
 75-9-102.
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, coagent, successor agent, and 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 the 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 unable to return.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, public corporation, government or
governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(7) "Power of attorney" means a writing or other record that grants authority to an
agent to act in the place of the principal, whether or not the term power of attorney is used.
(8) "Presently exercisable general power of appointment," with respect to property or a
property interest subject to a power of appointment, means power exercisable at the time in
question to vest absolute ownership in the principal individually, the principal's estate, the
principal's creditors, or the creditors of the principal's estate. The term includes a power of
appointment not exercisable until the occurrence of a specified event, the satisfaction of an
ascertainable standard, or the passage of a specified period only after the occurrence of the
specified event, the satisfaction of the ascertainable standard, or the passage of the specified
period. The term does not include a power exercisable in a fiduciary capacity or only by will.
(9) "Principal" means an individual who grants authority to an agent in a power of
attorney.
(10) "Property" means anything that may be the subject of ownership, whether real or
personal, or legal or equitable, or any interest or right therein.
(11) "Record" means information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in perceivable form.
(12) "Sign" means, with present intent to authenticate or adopt a record:
(a) to execute or adopt a tangible symbol; or
(b) to attach to or logically associate with the record an electronic sound, symbol, or
process.
(13) "State" means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
of the United States.
(14) "Stocks and bonds" means stocks, bonds, mutual funds, and all other types of
securities and financial instruments, whether held directly, indirectly, or in any other manner. 
The term does not include commodity futures contracts and call or put options on stocks or
stock indexes.
Section 4. Section 
75-9-103
 is enacted to read:
 75-9-103.
Applicability.
This chapter applies to all powers of attorney 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 power to make health care decisions;
(3) a proxy or other delegation to exercise voting rights or management rights with
respect to an entity; and
(4) a power created on a form prescribed by a government or governmental
subdivision, agency, or instrumentality for a governmental purpose.
Section 5. Section 
75-9-104
 is enacted to read:
 75-9-104.
Power of attorney is durable.
A power of attorney created under this chapter is durable unless it expressly provides
that it is terminated by the incapacity of the principal.
Section 6. Section 
75-9-105
 is enacted to read:
 75-9-105.
Execution of power of attorney.
(1) A power of attorney shall be signed by the principal or in the principal's conscious
presence by another individual directed by the principal to sign the principal's name on the
power of attorney before a notary public or other individual authorized by the law to take
acknowledgments. A signature on a power of attorney is presumed to be genuine if the
principal acknowledges the signature before a notary public or other individual authorized by
law to take acknowledgments.
(2) If the principal resides or is about to reside in a hospital, assisted living, skilled
nursing, or similar facility, at the time of execution of the power of attorney, the principal may
not name any agent that is the owner, operator, health care provider, or employee of the
hospital, assisted living facility, skilled nursing, or similar residential care facility unless the
agent is the spouse, legal guardian, or next of kin of the principal, or unless the agent's
authority is strictly limited to the purpose of assisting the principal to establish eligibility for
Medicaid.
(3) A violation of Subsection (2) is a violation of Subsection 
76-5-111
(4)(a).
Section 7. Section 
75-9-106
 is enacted to read:
 75-9-106.
Validity of power of attorney.
(1) A power of attorney executed in this state on or after May 10, 2016, is valid if its
execution complies with Section 
75-9-105
.
(2) A power of attorney executed in this state before May 10, 2016, is valid if its
execution complied with the law of this state as it existed at the time of execution.
(3) A power of attorney executed other than in this state is valid in this state if, when
the power of attorney was executed, the execution complied with:
(a) the law of the jurisdiction that determines the meaning and effect of the power of
attorney pursuant to Section 
75-9-107
; or
(b) the requirements for a military power of attorney pursuant to 10 U.S.C. Sec. 1044b.
(4) Except as otherwise provided by statute other than this chapter, a photocopy or
electronically transmitted copy of an original power of attorney has the same effect as the
original. For transactions involving real property, the copy of the power of attorney may be
recorded in the county where the transaction lies when attached to an affidavit of the person
accepting the power of attorney.
Section 8. Section 
75-9-107
 is enacted to read:
 75-9-107.
Meaning and effect of power of attorney.
The meaning and effect of a power of attorney is determined by the law of the
jurisdiction indicated in the power of attorney and, in the absence of an indication of
jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
Section 9. Section 
75-9-108
 is enacted to read:
 75-9-108.
Nomination of conservator or guardian -- Relation of agent to court
appointed fiduciary.
(1) 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.
(2) 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 some or all of the
principal's property, the agent is accountable to the fiduciary as well as to the principal. The
power of attorney is not terminated and the agent's authority continues unless limited,
suspended, or terminated by the court.
Section 10. Section 
75-9-109
 is enacted to read:
 75-9-109.
When power of attorney is effective.
(1) 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.
(2) 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.
(3) 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:
(a) a physician that the principal is incapacitated within the meaning of Subsection
75-9-102
(5)(a); or
(b) an attorney at law, a judge, or an appropriate governmental official that the
principal is incapacitated within the meaning of Subsection 
75-9-102
(5)(b).
(4) A person authorized by the principal in the power of attorney to determine that the
principal is incapacitated may act as the principal's personal representative pursuant to the
Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social
Security Act, 42 U.S.C. Sec. 1320d, and applicable regulations, to obtain access to the
principal's health care information and communicate with the principal's health care provider.
Section 11. Section 
75-9-110
 is enacted to read:
 75-9-110.
Termination of power of attorney or agent's authority.
(1) A power of attorney terminates when:
(a) the principal dies;
(b) the principal becomes incapacitated, if the power of attorney is not durable;
(c) the principal revokes the power of attorney;
(d) the power of attorney provides that it terminates;
(e) the purpose of the power of attorney is accomplished; or
(f) the principal revokes the agent's authority or the agent dies, becomes incapacitated,
or resigns, and the power of attorney does not provide for another agent to act under the power
of attorney.
(2) An agent's authority terminates when:
(a) the principal revokes the authority;
(b) the agent dies, becomes incapacitated, or resigns;
(c) an action is filed for the dissolution or annulment of the agent's marriage to the
principal or their legal separation, unless the power of attorney otherwise provides; or
(d) the power of attorney terminates.
(3) Unless the power of attorney otherwise provides, an agent's authority is exercisable
until the authority terminates under Subsection (2), notwithstanding a lapse of time since the
execution of the power of attorney.
(4) Termination of an agent's authority or of a power of attorney is not effective as to
the agent or another person that, without actual knowledge of the termination, acts in good faith
under the power of attorney. An act so performed, unless otherwise invalid or unenforceable,
binds the principal and the principal's successors in interest.
(5) Incapacity of the principal of a power of attorney that is not durable does not revoke
or terminate the power of attorney as to an agent or other person that, without actual knowledge
of the incapacity, acts in good faith under the power of attorney. An act so performed, unless
otherwise invalid or unenforceable, binds the principal and the principal's successors in
interest.
(6) The execution of a power of attorney does not revoke a power of attorney
previously executed by the principal unless the subsequent power of attorney provides that the
previous power of attorney is revoked or that all other powers of attorney are revoked.
(7) The principal may revoke or amend a power of attorney:
(a) by substantial compliance with a method provided in the terms of the power of
attorney that expressly excludes all other methods for amending or revoking the power of
attorney; or
(b) if the terms of the power of attorney do not provide a method or the method
provided in the terms is not expressly made exclusive, by any other method manifesting clear
and convincing evidence of the principal's intent.
Section 12. Section 
75-9-111
 is enacted to read:
 75-9-111.
Coagents and successor agents.
(1) A principal may designate two or more persons to act as coagents. Unless the
power of attorney otherwise provides, each coagent may exercise its authority independently.
(2) 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:
(a) has the same authority as that granted to the original agent; and
(b) may not act until all predecessor agents have resigned, died, become incapacitated,
are no longer qualified to serve, or have declined to serve.
(3) Except as otherwise provided in the power of attorney and Subsection (4), an agent
that does not participate in or conceal a breach of fiduciary duty committed by another agent,
including a predecessor agent, is not liable for the actions of the other agent.
(4) An agent that has accepted appointment and that has actual knowledge of a breach
or imminent breach of fiduciary duty by another agent shall notify the principal and, if the
principal is incapacitated, take any action reasonably appropriate in the circumstances to
safeguard the principal's best interest. An agent that fails to notify the principal or take action
as required by this subsection is liable for the reasonably foreseeable damages that could have
been avoided if the agent had notified the principal or taken action.
Section 13. Section 
75-9-112
 is enacted to read:
 75-9-112.
Reimbursement and compensation of agent.
Unless the power of attorney otherwise provides, an agent is entitled to reimbursement
of expenses reasonably incurred on behalf of the principal and to compensation that is
reasonable under the circumstances.
Section 14. Section 
75-9-113
 is enacted to read:
 75-9-113.
Agent's acceptance.
Except as otherwise provided in the power of attorney, a person accepts appointment as
an agent under a power of attorney by exercising authority or performing duties as an agent or
by any other assertion or conduct indicating acceptance.
Section 15. Section 
75-9-114
 is enacted to read:
 75-9-114.
Agent's duties.
(1) Notwithstanding provisions in the power of attorney, an agent that has accepted
appointment shall:
(a) 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;
(b) act in good faith;
(c) act only within the scope of authority granted in the power of attorney; and
(d) comply with the terms of the power of attorney.
(2) Except as otherwise provided in the power of attorney or other provision of this
chapter, an agent that has accepted appointment shall have no further obligation to act under
the power of attorney. However, with respect to any action taken by the agent under the power
of attorney, the agent shall:
(a) act loyally for the principal's benefit;
(b) 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;
(c) act with the care, competence, and diligence ordinarily exercised by agents in
similar circumstances;
(d) keep a record of all receipts, disbursements, and transactions made on behalf of the
principal;
(e) cooperate with a person that has authority to make health care decisions for the
principal to carry out the principal's reasonable expectations to the extent actually known by the
agent and, otherwise, act in the principal's best interest; and
(f) attempt to preserve the principal's estate plan, to the extent actually known by the
agent, if preserving the plan is consistent with the principal's best interest based on all relevant
factors, including:
(i) the value and nature of the principal's property;
(ii) the principal's foreseeable obligations and need for maintenance;
(iii) minimization of taxes, including income, estate, inheritance, generation-skipping
transfer, and gift taxes; and
(iv) eligibility for a benefit, a program, or assistance under a statute, rule, or regulation.
(3) An agent that acts in good faith is not liable to any beneficiary of the principal's
estate plan for failure to preserve the plan.
(4) An agent that acts with care, competence, and diligence for the best interest of the
principal is not liable solely because the agent also benefits from the act or has an individual or
conflicting interest in relation to the property or affairs of the principal.
(5) If an agent is selected by the principal because of special skills or expertise
possessed by the agent or in reliance on the agent's representation that the agent has special
skills or expertise, the special skills or expertise shall be considered in determining whether the
agent has acted with care, competence, and diligence under the circumstances.
(6) Absent a breach of duty to the principal, an agent is not liable if the value of the
principal's property declines.
(7) An agent that exercises authority to delegate to another person the authority granted
by the principal or that engages another person on behalf of the principal is not liable for an act,
error of judgment, or default of that person if the agent exercises care, competence, and
diligence in selecting and monitoring the person.
(8) Except as otherwise provided in the power of attorney, an agent is not required to
disclose receipts, disbursements, or transactions conducted on behalf of the principal unless
ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary
acting for the principal, a governmental agency having authority to protect the welfare of the
principal, an interested person as defined in Subsection 
75-1-201
(24) after the principal's
incapacity, or upon the death of the principal, by the personal representative or successor in
interest of the principal's estate. If so requested, within 30 days the agent shall comply with the
request or provide a writing or other record substantiating why additional time is needed and
shall comply with the request within an additional 30 days.
Section 16. Section 
75-9-115
 is enacted to read:
 75-9-115.
Exoneration of agent.
A provision in a power of attorney relieving an agent of liability for breach of duty is
binding on the principal and the principal's successors in interest except to the extent the
provision:
(1) relieves the agent of liability for breach of duty committed dishonestly, with an
improper motive, or with reckless indifference to the purposes of the power of attorney or the
best interest of the principal; or
(2) was inserted as a result of an abuse of a confidential or fiduciary relationship with
the principal.
Section 17. Section 
75-9-116
 is enacted to read:
 75-9-116.
Judicial relief.
(1) The following persons may petition a court to construe a power of attorney or
review the agent's conduct and grant appropriate relief:
(a) the principal or the agent;
(b) a guardian, conservator, or other fiduciary acting for the principal;
(c) a person authorized to make health care decisions for the principal;
(d) the principal's spouse, parent, or descendant;
(e) an individual who would qualify as a presumptive heir of the principal;
(f) 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;
(g) a governmental agency having regulatory authority to protect the welfare of the
principal;
(h) the principal's caregiver or another person that demonstrates sufficient interest in
the principal's welfare; and
(i) a person asked to accept the power of attorney.
(2) Upon motion by the principal, the court shall dismiss a petition filed under this
section, unless the court finds that the principal lacks capacity to revoke the agent's authority or
the power of attorney.
Section 18. Section 
75-9-117
 is enacted to read:
 75-9-117.
Agent's liability.
An agent that violates this chapter is liable to the principal or the principal's successors
in interest for the amount required to:
(1) restore the value of the principal's property to what it would have been had the
violation not occurred; and
(2) reimburse the principal or the principal's successors in interest for the attorney fees
and costs paid on the agent's behalf.
Section 19. Section 
75-9-118
 is enacted to read:
 75-9-118.
Agent's resignation -- Notice.
Unless the power of attorney provides a different method for an agent's resignation, an
agent may resign by giving notice to the principal and, if the principal is incapacitated:
(1) to the guardian, if one has been appointed for the principal, and a coagent or
successor agent; or
(2) if there is no person described in Subsection (1), to:
(a) the principal's caregiver;
(b) another person reasonably believed by the agent to have sufficient interest in the
principal's welfare; or
(c) a governmental agency having authority to protect the welfare of the principal.
Section 20. Section 
75-9-119
 is enacted to read:
 75-9-119.
Acceptance of and reliance upon acknowledged power of attorney.
(1) For purposes of this section and Section 
75-9-120
, "acknowledged" means
purportedly verified before a notary public or other individual authorized to take
acknowledgements.
(2) A person that in good faith accepts an acknowledged power of attorney without
actual knowledge that the signature is not genuine may rely upon the presumption under
Section 
75-9-105
 that the signature is genuine.
(3) A person that in good faith accepts 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 may rely upon the power of attorney as if the power of attorney
were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in
effect, and the agent had not exceeded and had properly exercised the authority.
(4) A person that is asked to accept an acknowledged power of attorney may request,
and rely upon, without further investigation:
(a) an agent's certification under penalty of perjury of any factual matter concerning the
principal, agent, or power of attorney;
(b) an English translation of the power of attorney if the power of attorney contains, in
whole or in part, language other than English; and
(c) an opinion of counsel as to any matter of law concerning the power of attorney if
the person making the request provides in a writing or other record the reason for the request.
(5) An English translation or an opinion of counsel requested under this section shall
be provided at the principal's expense unless the request is made more than seven business days
after the power of attorney is presented for acceptance.
(6) For purposes of this section and Section 
75-9-120
, a person that conducts activities
through employees is without actual knowledge of a fact relating to a power of attorney, a
principal, or an agent if the employee conducting the transaction involving the power of
attorney is without actual knowledge of the fact.
Section 21. Section 
75-9-120
 is enacted to read:
 75-9-120.
Liability for Refusal to Accept Acknowledged Power of Attorney.
(1) Except as otherwise provided in Subsection (2):
(a) a person shall either accept an acknowledged power of attorney or request a
certification, a translation, or an opinion of counsel under Subsection 
75-9-119
(4) no later than
seven business days after presentation of the power of attorney for acceptance;
(b) if a person requests a certification, a translation, or an opinion of counsel under
Subsection 
75-9-119
(4), the person shall accept the power of attorney no later than five
business days after receipt of the certification, translation, or opinion of counsel; and
(c) a person may not require an additional or different form of power of attorney for
authority granted in the power of attorney presented.
(2) A person is not required to accept an acknowledged power of attorney if:
(a) the person is not otherwise required to engage in a transaction with the principal in
the same circumstances;
(b) engaging in a transaction with the agent or the principal in the same circumstances
would be inconsistent with federal law;
(c) the person has actual knowledge of the termination of the agent's authority or of the
power of attorney before exercise of the power;
(d) a request for a certification, a translation, or an opinion of counsel under Subsection
75-9-119
(4) is refused;
(e) the person in good faith believes that the power is not valid or that the agent does
not have the authority to perform the act requested, whether or not a certification, a translation,
or an opinion of counsel under Subsection 
75-9-119
(4) has been requested or provided; or
(f) the person makes, or has actual knowledge that another person has made, a report to
the Division of Aging and Adult Services stating a good faith belief that the principal may be
subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a
person acting for or with the agent.
(3) A person that refuses in violation of this section to accept an acknowledged power
of attorney is subject to:
(a) a court order mandating acceptance of the power of attorney; and
(b) liability for reasonable attorney's fees and costs incurred in any action or proceeding
that confirms the validity of the power of attorney or mandates acceptance of the power of
attorney.
(4) Court proceedings under this section shall be conducted pursuant to the terms in the
Uniform Probate Code governing venue and procedures.
Section 22. Section 
75-9-121
 is enacted to read:
 75-9-121.
Principles of law and equity.
Unless displaced by a provision of this chapter, the principles of law and equity
supplement this act.
Section 23. Section 
75-9-122
 is enacted to read:
 75-9-122.
Laws applicable to financial institutions and entities.
This chapter does not supersede any other law applicable to financial institutions or
other entities, and the other law controls if inconsistent with this chapter.
Section 24. Section 
75-9-123
 is enacted to read:
 75-9-123.
Remedies under other law.
The remedies under this chapter are not exclusive and do not abrogate any right or
remedy under the law of this state other than this chapter.
Section 25. Section 
75-9-201
 is enacted to read:
Part 2. Authority
 75-9-201.
Authority that requires specific grant -- Grant of general authority.
(1) 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:
(a) create, amend, revoke, or terminate an inter vivos trust;
(b) make a gift;
(c) create or change rights of survivorship;
(d) create or change a beneficiary designation;
(e) delegate authority granted under the power of attorney;
(f) waive the principal's right to be a beneficiary of a joint and survivor annuity,
including a survivor benefit under a retirement plan;
(g) exercise fiduciary powers that the principal has authority to delegate; or
(h) disclaim property or otherwise exercise a power of appointment.
(2) Notwithstanding a grant of authority to do an act described in Subsection (1),
unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or
descendant of the principal may not exercise authority under a power of attorney to create in
the agent, or in an individual to whom the agent owes a legal obligation of support, an interest
in the principal's property, whether by gift, right of survivorship, beneficiary designation,
disclaimer, or otherwise.
(3) Subject to Subsections (1), (2), (4), and (5), if a power of attorney grants to an agent
authority to do all acts that a principal could do, the agent has the general authority described in
Sections 
75-9-204
 through 
75-9-216
.
(4) Unless the power of attorney otherwise provides, a grant of authority to make a gift
is subject to Section 
75-9-217
.
(5) Subject to Subsections (1), (2), and (4), if the subjects over which authority is
granted in a power of attorney are similar or overlap, the broadest authority controls.
(6) Authority granted in a power of attorney is exercisable with respect to property that
the principal has when the power of attorney is executed or acquires later, whether or not the
property is located in this state and whether or not the authority is exercised or the power of
attorney is executed in this state.
(7) An act performed by an agent pursuant to a power of attorney has the same effect,
inures to the benefit of, and binds the principal and the principal's successors in interest as if
the principal had performed the act.
Section 26. Section 
75-9-202
 is enacted to read:
 75-9-202.
Incorporation of authority.
(1) An agent has authority described in this part if the power of attorney refers to
general authority with respect to the descriptive term for the subjects stated in Sections
75-9-204
 through 
75-9-217
 or cites the section in which the authority is described.
(2) A reference in a power of attorney to general authority with respect to the
descriptive term for a subject in Sections 
75-9-204
 through 
75-9-217
 or a citation to a section
of Sections 
75-9-204
 through 
75-9-217
 incorporates the entire section as if it were set out in
full in the power of attorney.
(3) A principal may modify authority incorporated by reference.
Section 27. Section 
75-9-203
 is enacted to read:
 75-9-203.
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 
75-9-204
 through 
75-9-217
 or
that grants to an agent authority to do all acts that a principal could do pursuant to Subsection
75-9-201
(3), 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 instrument or
communication the agent considers desirable to accomplish a purpose of a transaction,
including creating at any time a schedule listing some or all of the principal's property and
attaching it to the power of attorney;
(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or
propose or accept a compromise with respect to a claim existing in favor of or against the
principal or intervene in litigation relating to the claim;
(5) seek on the principal's behalf the assistance of a court or other governmental agency
to carry out an act authorized in the power of attorney;
(6) engage, compensate, and discharge an attorney, accountant, discretionary
investment manager, expert witness, or other advisor;
(7) prepare, execute, and file a record, report, or other document to safeguard or
promote the principal's interest under a statute or regulation;
(8) communicate with any representative or employee of a government or
governmental subdivision, agency, or instrumentality on behalf of the principal;
(9) access communications intended for, and communicate on behalf of the principal,
whether by mail, electronic transmission, telephone, or other means; and
(10) do any lawful act with respect to the subject and all property related to the subject.
Section 28. Section 
75-9-204
 is enacted to read:
 75-9-204.
Real property.
Unless the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to real property authorizes the agent to:
(1) demand, buy, lease, receive, accept as a gift or as security for an extension of credit,
or otherwise acquire or reject an interest in real property or a right incident to real property;
(2) (a) sell;
(b) exchange;
(c) convey with or without covenants, representations, or warranties;
(d) quitclaim;
(e) release;
(f) surrender;
(g) retain title for security;
(h) encumber;
(i) partition;
(j) consent to partitioning;
(k) subject to an easement or covenant;
(l) subdivide;
(m) apply for zoning or other governmental permits;
(n) plat or consent to platting;
(o) develop;
(p) grant an option concerning;
(q) lease;
(r) sublease;
(s) contribute to an entity in exchange for an interest in that entity; or
(t) otherwise grant or dispose of an interest in real property or a right incident to real
property;
(3) pledge or mortgage an interest in real property or right incident to real property as
security to borrow money or pay, renew, or extend the time of payment of a debt of the
principal or a debt guaranteed by the principal;
(4) release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of
trust, conditional sale contract, encumbrance, lien, or other claim to real property that exists or
is asserted;
(5) manage or conserve an interest in real property or a right incident to real property
owned or claimed to be owned by the principal, including:
(a) insuring against liability or casualty or other loss;
(b) obtaining or regaining possession of or protecting the interest or right by litigation
or otherwise;
(c) paying, assessing, compromising, or contesting taxes or assessments or applying for
and receiving refunds in connection with taxes or assessments; and
(d) purchasing supplies, hiring assistance or labor, and making repairs or alterations to
the real property;
(6) use, develop, alter, replace, remove, erect, or install structures or other
improvements upon real property in or incident to which the principal has, or claims to have,
an interest or right;
(7) participate in a reorganization with respect to real property or an entity that owns an
interest in or right incident to real property and receive, hold, and act with respect to stocks and
bonds or other property received in a plan of reorganization, including:
(a) selling or otherwise disposing of stocks and bonds;
(b) exercising or selling an option, right of conversion, or similar right with respect to
stocks and bonds; and
(c) exercising any voting rights in person or by proxy;
(8) change the form of title of an interest in or right incident to real property; and
(9) dedicate to public use, with or without consideration, easements or other real
property in which the principal has, or claims to have, an interest.
Section 29. Section 
75-9-205
 is enacted to read:
 75-9-205.
Tangible personal property.
Unless the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to tangible personal property authorizes the agent to:
(1) demand, buy, receive, accept as a gift or as security for an extension of credit, or
otherwise acquire or reject ownership or possession of tangible personal property or an interest
in tangible personal property;
(2) sell; exchange; convey with or without covenants, representations, or warranties;
quitclaim; release; surrender; create a security interest in; grant options concerning; lease;
sublease; or otherwise dispose of tangible personal property or an interest in tangible personal
property;
(3) grant a security interest in tangible personal property or an interest in tangible
personal property as security to borrow money or pay, renew, or extend the time of payment of
a debt of the principal or a debt guaranteed by the principal;
(4) release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien,
or other claim on behalf of the principal, with respect to tangible personal property or an
interest in tangible personal property;
(5) manage or conserve tangible personal property or an interest in tangible personal
property on behalf of the principal, including:
(a) insuring against liability, casualty, or other loss;
(b) obtaining or regaining possession of or protecting the property or interest, by
litigation or otherwise;
(c) paying, assessing, compromising, or contesting taxes or assessments or applying for
and receiving refunds in connection with taxes or assessments;
(d) moving the property from place to place;
(e) storing the property for hire or on a gratuitous bailment; and
(f) using and making repairs, alterations, or improvements to the property; and
(6) change the form of title of an interest in tangible personal property.
Section 30. Section 
75-9-206
 is enacted to read:
 75-9-206.
Stocks and bonds.
Unless the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to stocks and bonds authorizes the agent to:
(1) buy, sell, and exchange stocks and bonds;
(2) establish, continue, modify, or terminate an account with respect to stocks and
bonds;
(3) pledge stocks and bonds as security to borrow, pay, renew, or extend the time of
payment of a debt of the principal;
(4) receive certificates and other evidences of ownership with respect to stocks and
bonds; and
(5) exercise voting rights with respect to stocks and bonds in person or by proxy, enter
into voting trusts, and consent to limitations on the right to vote.
Section 31. Section 
75-9-207
 is enacted to read:
 75-9-207.
Commodities and options.
Unless the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to commodities and options authorizes the agent to:
(1) buy, sell, exchange, assign, settle, and exercise commodity futures contracts and
call or put options on stocks or stock indexes traded on a regulated option exchange; and
(2) establish, continue, modify, and terminate option accounts.
Section 32. Section 
75-9-208
 is enacted to read:
 75-9-208.
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 or
closing 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 and act with respect to them;
(6) enter a safe deposit box or vault and withdraw or add to the contents;
(7) borrow money and pledge as security personal property of the principal necessary
to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a
debt guaranteed by the principal;
(8) make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes,
checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the
principal or the principal's order, transfer money, receive the cash or other proceeds of those
transactions, and accept a draft drawn by a person upon the principal and pay it when due;
(9) receive for the principal and act upon a sight draft, warehouse receipt, or other
document of title whether tangible or electronic, or other negotiable or nonnegotiable
instrument;
(10) apply for, receive, and use letters of credit, credit and debit cards, electronic
transaction authorizations, and traveler's checks from a financial institution and give an
indemnity or other agreement in connection with letters of credit; and
(11) consent to an extension of the time of payment with respect to commercial paper
or a financial transaction with a financial institution.
Section 33. Section 
75-9-209
 is enacted to read:
 75-9-209.
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 have as the holder of stocks and bonds;
(6) 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
concerning stocks and bonds;
(7) with respect to an entity or business owned solely by the principal:
(a) continue, modify, renegotiate, extend, and terminate a contract made by or on
behalf of the principal with respect to the entity or business before execution of the power of
attorney;
(b) determine:
(i) the location of its operation;
(ii) the nature and extent of its business;
(iii) the methods of manufacturing, selling, merchandising, financing, accounting, and
advertising employed in its operation;
(iv) the amount and types of insurance carried; and
(v) the mode of engaging, compensating, and dealing with its employees and
accountants, attorneys, or other advisors;
(c) change the name or form of organization under which the entity or business is
operated and enter into an ownership agreement with other persons to take over all or part of
the operation of the entity or business; and
(d) demand and receive money due or claimed by the principal or on the principal's
behalf in the operation of the entity or business and control and disburse the money in the
operation of the entity or business;
(8) put additional capital into an entity or business in which the principal has an
interest;
(9) join in a plan of reorganization, consolidation, conversion, domestication, or
merger of the entity or business;
(10) sell or liquidate all or part of an entity or business;
(11) establish the value of an entity or business under a buy-out agreement to which the
principal is a party;
(12) prepare, sign, file, and deliver reports, compilations of information, returns, or
other papers with respect to an entity or business and make related payments; and
(13) pay, compromise, or contest taxes, assessments, fines, or penalties and perform
any other act to protect the principal from illegal or unnecessary taxation, assessments, fines, or
penalties, with respect to an entity or business, including attempts to recover, in any manner
permitted by law, money paid before or after the execution of the power of attorney.
Section 34. Section 
75-9-210
 is enacted to read:
 75-9-210.
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 that 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 and receive the cash surrender value on a contract of insurance or
annuity;
(6) exercise an election;
(7) exercise investment powers available under a contract of insurance or annuity;
(8) change the manner of paying premiums on a contract of insurance or annuity;
(9) change or convert the type of insurance or annuity with respect to which the
principal has or claims to have authority described in this section;
(10) apply for and procure a benefit or assistance under a statute or regulation to
guarantee or pay premiums of a contract of insurance on the life of the principal;
(11) collect, sell, assign, hypothecate, borrow against, or pledge the interest of the
principal in a contract of insurance or annuity;
(12) select the form and timing of the payment of proceeds from a contract of insurance
or annuity; and
(13) pay, from proceeds or otherwise, compromise or contest, and apply for refunds in
connection with a tax or assessment levied by a taxing authority with respect to a contract of
insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
Section 35. Section 
75-9-211
 is enacted to read:
 75-9-211.
Estates, trusts, and other beneficial interests.
(1) In this section, "estate, trust, or other beneficial interest" means a trust, probate
estate, guardianship, conservatorship, escrow, custodianship, or fund from which the principal
is, may become, or claims to be entitled to a share or payment.
(2) Unless the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to estates, trusts, and other beneficial interests
authorizes the agent to:
(a) accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment
from an estate, trust, or other beneficial interest;
(b) demand or obtain money or another thing of value to which the principal is, may
become, or claims to be entitled by reason of an estate, trust, or other beneficial interest, by
litigation or otherwise;
(c) exercise for the benefit of the principal a presently exercisable general power of
appointment held by the principal;
(d) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or
propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or
effect of a deed, will, declaration of trust, or other instrument or transaction affecting the
interest of the principal;
(e) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or
propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a
fiduciary;
(f) conserve, invest, disburse, or use anything received for an authorized purpose;
(g) transfer an interest of the principal in real property, stocks and bonds, accounts with
financial institutions or securities intermediaries, insurance, annuities, and other property to the
trustee of a revocable trust created by the principal as settlor; and
(h) reject, renounce, disclaim, release, or consent to a reduction in or modification of a
share in or payment from an estate, trust, or other beneficial interest.
Section 36. Section 
75-9-212
 is enacted to read:
 75-9-212.
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 to examination, and bind the principal in
litigation;
(5) submit to alternative dispute resolution, settle, and propose or accept a
compromise;
(6) waive the issuance and service of process upon the principal, accept service of
process, appear for the principal, designate persons upon which process directed to the
principal may be served, execute and file or deliver stipulations on the principal's behalf, verify
pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and
pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a
consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement,
or other instrument in connection with the prosecution, settlement, or defense of a claim or
litigation;
(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or
involuntary, concerning the principal or some other person, or with respect to a reorganization,
receivership, or application for the appointment of a receiver or trustee that affects an interest
of the principal in property or other thing of value;
(8) pay a judgment, award, or order against the principal or a settlement made in
connection with a claim or litigation; and
(9) receive money or other thing of value paid in settlement of or as proceeds of a
claim or litigation.
Section 37. Section 
75-9-213
 is enacted to read:
 75-9-213.
Personal and family maintenance.
(1) Unless the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to personal and family maintenance authorizes the agent
to:
(a) perform the acts necessary to maintain the customary standard of living of the
principal, the principal's spouse, and the following individuals, whether living when the power
of attorney is executed or later born:
(i) the principal's children;
(ii) other individuals legally entitled to be supported by the principal; and
(iii) the individuals whom the principal has customarily supported or indicated the
intent to support;
(b) make periodic payments of child support and other family maintenance required by
a court or governmental agency or an agreement to which the principal is a party;
(c) provide living quarters for the individuals described in Subsection (1)(a) by:
(i) purchase, lease, or other contract; or
(ii) paying the operating costs, including interest, amortization payments, repairs,
improvements, and taxes, for premises owned by the principal or occupied by those
individuals;
(d) provide normal domestic help, usual vacations and travel expenses, and funds for
shelter, clothing, food, appropriate education, including postsecondary and vocational
education, and other current living costs for the individuals described in Subsection (1)(a);
(e) pay expenses for necessary health care and custodial care on behalf of the
individuals described in Subsection (1)(a);
(f) act as the principal's personal representative pursuant to the Health Insurance
Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42
U.S.C. Sec. 1320d, and applicable regulations, in making decisions related to the past, present,
or future payment for the provision of health care consented to by the principal or anyone
authorized under the law of this state to consent to health care on behalf of the principal;
(g) continue any provision made by the principal for automobiles or other means of
transportation, including registering, licensing, insuring, and replacing them, for the individuals
described in Subsection (1)(a);
(h) maintain credit and debit accounts and open new accounts for the convenience of
the individuals described in Subsection (1)(a); and
(i) continue payments incidental to the membership or affiliation of the principal in a
religious institution, club, society, order, or other organization or to continue contributions to
those organizations.
(2) Authority with respect to personal and family maintenance is neither dependent
upon, nor limited by, authority that an agent may or may not have with respect to gifts under
this chapter.
Section 38. Section 
75-9-214
 is enacted to read:
 75-9-214.
Benefits from governmental programs or civil or military service.
(1) 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
social security, Medicare, and Medicaid.
(2) 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:
(a) 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 Subsection 
75-9-213
(1)(a), and for shipment of their household effects;
(b) take possession and order the removal and shipment of property of the principal
from a post, warehouse, depot, dock, or other place of storage or safekeeping, either
governmental or private, and execute and deliver a release, voucher, receipt, bill of lading,
shipping ticket, certificate, or other instrument for that purpose;
(c) enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's
behalf, a benefit or program;
(d) prepare, file, and maintain a claim of the principal for a benefit or assistance,
financial or otherwise, to which the principal may be entitled under a statute or regulation;
(e) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or
propose or accept a compromise with respect to litigation concerning any benefit or assistance
the principal may be entitled to receive under a statute or regulation; and
(f) receive the financial proceeds of a claim described in Subsection (2)(d) and
conserve, invest, disburse, or use for a lawful purpose anything received.
Section 39. Section 
75-9-215
 is enacted to read:
 75-9-215.
Retirement plans.
(1) In this section, "retirement plan" means a plan or account created by an employer,
the principal, or another individual to provide retirement benefits or deferred compensation of
which the principal is a participant, beneficiary, or owner, including a plan or account under the
following sections of the Internal Revenue Code:
(a) an individual retirement account under Section 408, Internal Revenue Code;
(b) a Roth individual retirement account under Section 408A, Internal Revenue Code;
(c) a deemed individual retirement account under Section 408(q), Internal Revenue
Code;
(d) an annuity or mutual fund custodial account under Section 403(b), Internal Revenue
Code;
(e) a pension, profit-sharing, stock bonus, or other retirement plan qualified under
Section 401(a), Internal Revenue Code;
(f) a plan under Section 457(b), Internal Revenue Code; and
(g) a nonqualified deferred compensation plan under Section 409A, Internal Revenue
Code.
(2) Unless the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to retirement plans authorizes the agent to:
(a) select the form and timing of payments under a retirement plan and withdraw
benefits from a plan;
(b) make a rollover, including a direct trustee-to-trustee rollover, of benefits from one
retirement plan to another;
(c) establish a retirement plan in the principal's name;
(d) make contributions to a retirement plan;
(e) exercise investment powers available under a retirement plan; and
(f) borrow from, sell assets to, or purchase assets from a retirement plan.
Section 40. Section 
75-9-216
 is enacted to read:
 75-9-216.
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 Section 2032A, Internal Revenue Code, 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 taxing authority;
(3) exercise any election available to the principal under federal, state, local, or foreign
tax law; and
(4) act for the principal in all tax matters for all periods before the Internal Revenue
Service or other taxing authority.
Section 41. Section 
75-9-217
 is enacted to read:
 75-9-217.
Gifts.
(1) 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 (1983/1986), and a tuition savings account
or prepaid tuition plan as defined under Section 529, Internal Revenue Code.
(2) Unless the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to gifts authorizes the agent only to:
(a) make outright to, or for the benefit of, a person 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 Section 2503(b), Internal Revenue Code, without regard to
whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to
consent to a split gift pursuant to Section 2513, Internal Revenue Code, in an amount per donee
not to exceed twice the annual federal gift tax exclusion limit; and
(b) consent, pursuant to Section 2513, Internal Revenue Code, to the splitting of a gift
made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift
tax exclusions for both spouses.
(3) An agent may make a gift of the principal's property only as the agent determines is
consistent with the principal's objectives if actually known by the agent and, if unknown, as the
agent determines is consistent with the principal's best interest based on all relevant factors,
including:
(a) the value and nature of the principal's property;
(b) the principal's foreseeable obligations and need for maintenance;
(c) minimization of taxes, including income, estate, inheritance, generation-skipping
transfer, and gift taxes;
(d) eligibility for a benefit, program, or assistance under a statute or regulation; and
(e) the principal's personal history of making or joining in making gifts.
Section 42. Section 
75-9-301
 is enacted to read:
Part 3. Statutory Forms
 75-9-301.
Statutory form power of attorney.
A document substantially in the following form may be used to create a statutory form
power of attorney that has the meaning and effect prescribed by this chapter.
STATUTORY FORM POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions
concerning your property for you (the principal). Your agent will be able to make decisions
and act with respect to your property (including your money) whether or not you are able to act
for yourself. The meaning of authority over subjects listed on this form is explained in Title
75, Chapter 9, Uniform Power of Attorney Act.
This power of attorney does not authorize the agent to make health care decisions for
you.
You should select someone you trust to serve as your agent. Unless you specify
otherwise, generally the agent's authority will continue until you die or revoke the power of
attorney, or the agent resigns or is unable to act for you.
Your agent is entitled to reasonable compensation unless you state otherwise in the
Special Instructions.
This form provides for designation of one agent. If you wish to name more than one
agent you may name a coagent in the Special Instructions. Coagents are not required to act
together unless you include that requirement in the Special Instructions.
If your agent is unable or unwilling to act for you, your power of attorney will end
unless you have named a successor agent. You may also name a second successor agent.
This power of attorney becomes effective immediately unless you state otherwise in the
Special Instructions.
If you have questions about the power of attorney or the authority you are
granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT
I ________________________________________________________ name the following
(Name of Principal)
person as my agent:
Name of Agent:____________________________________________________________
Agent's Address:___________________________________________________________
Agent's Telephone Number:__________________________________________________
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of Successor Agent:____________________________________________
Successor Agent's Address: ________________________________________
Successor Agent's Telephone Number:___________________________________
If my successor agent is unable or unwilling to act for me, I name as my second successor
agent:
Name of Second Successor Agent: _____________________________________
Second Successor Agent's Address: __________________________________
Second Successor Agent's Telephone Number: __________________________
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the
following subjects as defined in Title 75, Chapter 9, Uniform Power of Attorney Act:
(INITIAL each subject you want to include in the agent's general authority. If you wish to grant
general authority over all of the subjects you may initial "All Preceding Subjects" instead of
initialing each subject.)
(___) Real Property
(___) Tangible Personal Property
(___) Stocks and Bonds
(___) Commodities and Options
(___) Banks and Other Financial Institutions
(___) Operation of Entity or Business
(___) Insurance and Annuities
(___) Estates, Trusts, and Other Beneficial Interests
(___) Claims and Litigation
(___) Personal and Family Maintenance
(___) Benefits from Governmental Programs or Civil or Military Service
(___) Retirement Plans
(___) Taxes
(___) All Preceding Subjects
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED
the specific authority listed below:
(CAUTION: Granting any of the following will give your agent the authority to take actions
that could significantly reduce your property or change how your property is distributed at your
death. INITIAL ONLY the specific authority you WANT to give your agent.)
(___) Create, amend, revoke, or terminate an inter vivos trust
(___) Make a gift, subject to the limitations of Section 
75-9-217
, and any special instructions in
this power of attorney
(___) Create or change rights of survivorship
(___) Create or change a beneficiary designation
(___) Authorize another person to exercise the authority granted under this power of attorney
(___) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a
survivor benefit under a retirement plan
(___) Exercise fiduciary powers that the principal has authority to delegate
(___) Disclaim or refuse an interest in property, including a power of appointment
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit
the agent or a person to whom the agent owes an obligation of support unless I have included
that authority in the Special Instructions.
SPECIAL INSTRUCTIONS (OPTIONAL)
You may give special instructions on the following lines:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the Special
Instructions.
NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)
If it becomes necessary for a court to appoint a conservator of my estate or guardian of my
person, I nominate the following person(s) for appointment:
Name of Nominee for conservator of my estate: _____________________________________
Nominee's Address:____________________________________________________________
Nominee's Telephone Number:___________________________________________________
Name of Nominee for guardian of my person: _______________________________________
Nominee's Address: ___________________________________________________________
Nominee's Telephone Number:___________________________________________________
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my agent, may rely upon the validity of this power of attorney or a copy
of it unless that person knows it has terminated or is invalid.
SIGNATURE AND ACKNOWLEDGMENT
____________________________________________ _______________
Your Signature Date
____________________________________________
Your Name Printed
____________________________________________
____________________________________________
Your Address
____________________________________________
Your Telephone Number
State of ____________________________
County of___________________________
This document was acknowledged before me on __________________________,
 (Date)
by______________________________________.
(Name of Principal)
____________________________________________ (Seal, if any)
Signature of Notary
My commission expires: ________________________
[This document prepared by:
__________________________________________________________________
__________________________________________________________________]
IMPORTANT INFORMATION FOR AGENT
Agent's Duties
When you accept the authority granted under this power of attorney, a special legal relationship
is created between you and the principal. This relationship imposes upon you legal duties that
continue until you resign or the power of attorney is terminated or revoked. You shall:
(1) do what you know the principal reasonably expects you to do with the principal's
property or, if you do not know the principal's expectations, act in the principal's best interest;
(2) act in good faith;
(3) do nothing beyond the authority granted in this power of attorney; and
(4) disclose your identity as an agent whenever you act for the principal by writing or
printing the name of the principal and signing your own name as "agent" in the following
manner:
(Principal's Name) by (Your Signature) as Agent
Unless the Special Instructions in this power of attorney state otherwise, you must also:
(1) act loyally for the principal's benefit;
(2) avoid conflicts that would impair your ability to act in the principal's best interest;
(3) act with care, competence, and diligence;
(4) keep a record of all receipts, disbursements, and transactions made on behalf of the
principal;
(5) cooperate with any person that has authority to make health care decisions for the
principal to do what you know the principal reasonably expects or, if you do not know the
principal's expectations, to act in the principal's best interest; and
(6) attempt to preserve the principal's estate plan if you know the plan and preserving
the plan is consistent with the principal's best interest.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this
power of attorney or your authority under this power of attorney. Events that terminate a power
of attorney or your authority to act under a power of attorney include:
(1) death of the principal;
(2) the principal's revocation of the power of attorney or your authority;
(3) the occurrence of a termination event stated in the power of attorney;
(4) the purpose of the power of attorney is fully accomplished; or
(5) if you are married to the principal, a legal action is filed with a court to end your
marriage, or for your legal separation, unless the Special Instructions in this power of attorney
state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in Title 75, Chapter 9, Uniform Power
of Attorney Act. If you violate Title 75, Chapter 9, Uniform Power of Attorney Act, or act
outside the authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you
should seek legal advice.
Section 43. Section 
75-9-302
 is enacted to read:
 75-9-302.
Agent's certification.
The following optional form 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) if I was named as a successor agent, the prior agent is no longer able or willing to
serve; and
(4)____________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
____________________________________________ __________
Agent's Signature Date
____________________________________________
Agent's Name Printed
____________________________________________
____________________________________________
Agent's Address
____________________________________________
Agent's Telephone Number
This document was acknowledged before me on __________________________,
(Date)
by______________________________________.
 (Name of Agent)
____________________________________________ (Seal, if any)
Signature of Notary
My commission expires: ________________________
This document prepared by:
_________________________________________________________________
Section 44. Section 
75-9-401
 is enacted to read:
Part 4. Miscellaneous Provisions
 75-9-401.
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to
promote uniformity of the law with respect to its subject matter among the states that enact it.
Section 45. Section 
75-9-402
 is enacted to read:
 75-9-402.
Relation to Electronic Signatures in Global and National Commerce
Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in
Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or
supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of
any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Section 46. Section 
75-9-403
 is enacted to read:
 75-9-403.
Effect on existing powers of attorney.
Except as otherwise provided:
(1) this chapter applies to a power of attorney created before, on, or after May 10,
2016;
(2) this chapter applies to a judicial proceeding concerning a power of attorney
commenced on or after May 10, 2016;
(3) this chapter applies to a judicial proceeding concerning a power of attorney
commenced before May 10, 2016, unless the court finds that application of a provision of this
chapter would substantially interfere with the effective conduct of the judicial proceeding or
prejudice the rights of a party, in which case that provision does not apply and the superseded
law applies; and
(4) an act done before May 10, 2016, is not affected by this chapter.
Section 47. 
Repealer.
This bill repeals:
Section 
75-5-501
,
Power of attorney not affected by disability or lapse of time --
Agent responsibilities.
Section 
75-5-502
,
Other powers of attorney not revoked until notice of death or
disability.
Section 
75-5-503
,
Power of attorney -- Prohibitions and restrictions.
Section 
75-5-504
,
Voidable transactions.