§ 15-14-709 — When power of attorney 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 or licensed psychologist that the principal is incapacitated
within the meaning of section 15-14-702 (5)(a); or

(b) An attorney-at-law, a judge, or an appropriate governmental official that
the principal is incapacitated within the meaning of section 15-14-702 (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 federal Health Insurance Portability and
Accountability Act, sections 1171 to 1179 of the federal Social Security Act, 42
U.S.C. sec. 1320d, as amended, and applicable regulations, to obtain access to the
principal's health-care information and communicate with the principal's health-care provider.

Legislative History

Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 388, � 1, effective April 9.