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Uniform Power of Attorney Act (2006)

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UNIFORM POWER OF ATTORNEY ACT (2006) drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES at its ANNUAL CONFERENCE MEETING IN ITS ONE-HUNDRED-AND-FIFTEENTH YEAR HILTON HEAD, SOUTH CAROLINA July 7-14, 2006 WITH PREFATORY NOTE AND COMMENTS Copyright ©2006 By NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS February 12, 2020 ABOUT NCCUSL The National Conference of Commissioners on Uniform State Laws (NCCUSL), now in its 115th year, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law. NCCUSL members must be lawyers, qualified to practice law. They are practicing lawyers, judges, legislators and legislative staff and law professors, who have been appointed by state governments as well as the District of Columbia, Puerto Rico and the U.S. Virgin Islands to research, draft and promote enactment of uniform state laws in areas of state law where uniformity is desirable and practical. • NCCUSL strengthens the federal system by providing rules and procedures that are consistent from state to state but that also reflect the diverse experience of the states. • NCCUSL statutes are representative of state experience, because the organization is made up of representatives from each state, appointed by state government. • NCCUSL keeps state law up-to-date by addressing important and timely legal issues. • NCCUSL’s efforts reduce the need for individuals and businesses to deal with different laws as they move and do business in different states. • NCCUSL’s work facilitates economic development and provides a legal platform for foreign entities to deal with U.S. citizens and businesses. • NCCUSL’s Commissioners donate thousands of hours of their time and legal and drafting expertise every year as a public service, and receive no salary or compensation for their work. • NCCUSL’s deliberative and uniquely open drafting process draws on the expertise of commissioners, but also utilizes input from legal experts, and advisors and observers representing the views of other legal organizations or interests that will be subject to the proposed laws. • NCCUSL is a state-supported organization that represents true value for the states, providing services that most states could not otherwise afford or duplicate. DRAFTING COMMITTEE FOR THE UNIFORM POWER OF ATTORNEY ACT The Committee appointed by and representing the National Conference of Commissioners on Uniform State Laws in preparing this Act consists of the following individuals: JOHN P. BURTON, P.O. Box 1357, 315 Paseo de Peralta, Santa Fe, NM 87501, Chair KENNETH W. ELLIOTT, City Place Building, 204 N. Robinson Ave., Suite 2200, Oklahoma City, OK 73102, DAVID M. ENGLISH, University of Missouri-Columbia School of Law, Missouri Ave. & Conley Ave., Columbia, MO 65211 THOMAS L. JONES, University of Alabama School of Law, University Station, P.O. Box 865557, Tuscaloosa, AL 35486-0050 MARTHA T. STARKEY, 30 S. Meridian St., Suite 850, Indianapolis, IN 46204 NATHANIEL STERLING, Law Revision Commission, Suite D-1, 4000 Middlefield Rd., Palo Alto, CA 94303 STEVE WILBORN, 306 Tower Dr., Shelbyville, KY 40065 LINDA S. WHITTON, Valparaiso University School of Law, Wesemann Hall, 656 S. Greenwich St., Valparaiso, IN 46383, Reporter EX OFFICIO HOWARD J. SWIBEL, 120 S. Riverside Plaza, Suite 1200, Chicago, IL 60606, President JACK DAVIES, 687 Woodridge Dr., Mendota Heights, MN 55118, Division Chair AMERICAN BAR ASSOCIATION ADVISORS WILLIAM P. LAPIANA, New York Law School, 57 Worth St., New York, NY 10013, Advisor ABIGAIL G. KAMPMANN, 153 Treeline, Suite 320, San Antonio, TX 78209-1880, Real Property, Probate and Trust Law Section Advisor CHARLES P. SABATINO, ABA Commission on Law and Aging, 740 15th St., Washington, DC 20005, ABA Commission on Law and Aging Advisor EXECUTIVE DIRECTOR WILLIAM H. HENNING, University of Alabama School of Law, Box 870382, Tuscaloosa, AL 35487-0382, Executive Director Copies of this Act may be obtained from: UNIFORM LAW COMMISSION 111 N. Wabash Ave., Suite 1010 Chicago, Illinois 60602 312/450-6600 www.uniformlaws.org UNIFORM POWER OF ATTORNEY ACT (2006) TABLE OF CONTENTS Prefatory Note ................................................................................................................................. 1 [ARTICLE] 1 GENERAL PROVISIONS SECTION 101. SHORT TITLE .................................................................................................... 7 SECTION 102. DEFINITIONS ..................................................................................................... 7 SECTION 103. APPLICABILITY .............................................................................................. 10 SECTION 104. POWER OF ATTORNEY IS DURABLE......................................................... 12 SECTION 105. EXECUTION OF POWER OF ATTORNEY ................................................... 12 SECTION 106. VALIDITY OF POWER OF ATTORNEY. ...................................................... 13 SECTION 107. MEANING AND EFFECT OF POWER OF ATTORNEY .............................. 14 SECTION 108. NOMINATION OF [CONSERVATOR OR GUARDIAN]; RELATION OF AGENT TO COURT-APPOINTED FIDUCIARY .................................................... 15 SECTION 109. WHEN POWER OF ATTORNEY EFFECTIVE .............................................. 16 SECTION 110. TERMINATION OF POWER OF ATTORNEY OR AGENT’S AUTHORITY ................................................................................................................... 18 SECTION 111. COAGENTS AND SUCCESSOR AGENTS .................................................... 20 SECTION 112. REIMBURSEMENT AND COMPENSATION OF AGENT ........................... 22 SECTION 113. AGENT’S ACCEPTANCE ............................................................................... 23 SECTION 114. AGENT’S DUTIES ........................................................................................... 23 SECTION 115. EXONERATION OF AGENT .......................................................................... 28 SECTION 116. JUDICIAL RELIEF ........................................................................................... 28 SECTION 117. AGENT’S LIABILITY ...................................................................................... 30 SECTION 118. AGENT’S RESIGNATION; NOTICE .............................................................. 30 SECTION 119. ACCEPTANCE OF AND RELIANCE UPON ACKNOWLEDGED POWER OF ATTORNEY ................................................................................................ 31 SECTION 120. LIABILITY FOR REFUSAL TO ACCEPT ACKNOWLEDGED POWER OF ATTORNEY ................................................................................................ 34 SECTION 120. LIABILITY FOR REFUSAL TO ACCEPT ACKNOWLEDGED STATUTORY FORM POWER OF ATTORNEY ........................................................... 36 SECTION 121. PRINCIPLES OF LAW AND EQUITY ........................................................... 39 SECTION 122. LAWS APPLICABLE TO FINANCIAL INSTITUTIONS AND ENTITIES .. 39 SECTION 123. REMEDIES UNDER OTHER LAW ................................................................ 40 [ARTICLE] 2 AUTHORITY SECTION 201. AUTHORITY THAT REQUIRES SPECIFIC GRANT; GRANT OF GENERAL AUTHORITY................................................................................................ 41 SECTION 202. INCORPORATION OF AUTHORITY............................................................. 44 SECTION 203. CONSTRUCTION OF AUTHORITY GENERALLY ..................................... 44 SECTION 204. REAL PROPERTY ............................................................................................ 46 SECTION 205. TANGIBLE PERSONAL PROPERTY............................................................. 48 SECTION 206. STOCKS AND BONDS .................................................................................... 49 SECTION 207. COMMODITIES AND OPTIONS .................................................................... 50 SECTION 208. BANKS AND OTHER FINANCIAL INSTITUTIONS. .................................. 50 SECTION 209. OPERATION OF ENTITY OR BUSINESS ..................................................... 51 SECTION 210. INSURANCE AND ANNUITIES ..................................................................... 53 SECTION 211. ESTATES, TRUSTS, AND OTHER BENEFICIAL INTERESTS .................. 55 SECTION 212. CLAIMS AND LITIGATION ........................................................................... 56 SECTION 213. PERSONAL AND FAMILY MAINTENANCE ............................................... 58 SECTION 214. BENEFITS FROM GOVERNMENTAL PROGRAMS OR CIVIL OR MILITARY SERVICE ..................................................................................................... 60 SECTION 215. RETIREMENT PLANS ..................................................................................... 61 SECTION 216. TAXES ............................................................................................................... 63 SECTION 217. GIFTS................................................................................................................. 63 [ARTICLE] 3 STATUTORY FORMS SECTION 301. STATUTORY FORM POWER OF ATTORNEY ............................................ 66 SECTION 302. AGENT’S CERTIFICATION ........................................................................... 74
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