§ 15-14-706 — Validity of power of attorney

(1) A power of attorney executed
in this state on or after January 1, 2010, is valid if its execution complies with section
15-14-705.

(2) A power of attorney executed in this state before January 1, 2010, is valid
if its execution complied with the law of this state as it existed at the time of
execution.

(2.5) It shall not be inferred from the portion of the definition of incapacity
in section 15-14-702 (5)(b) that an individual who is either incarcerated in a penal
system or otherwise detained or outside of the United States and unable to return
lacks the capacity to execute a power of attorney as a consequence of such
detention or inability to return.

(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 15-14-707; or

(b) The requirements for a military power of attorney pursuant to 10 U.S.C.
sec. 1044b, as amended.

(4) Except as otherwise provided by statute other than this part 7, a
photocopy or electronically transmitted copy of an original power of attorney has
the same effect as the original. Nothing in this subsection (4) shall preclude a third
party relying upon a power of attorney from requesting the original document.

Legislative History

Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 386, � 1, effective April 9.