In this article 24:
(1) Electronic means relating to technology having electrical, digital,
magnetic, wireless, optical, electromagnetic, or similar capabilities.
(2) Electronic record means a record created, generated, sent,
communicated, received, or stored by electronic means.
(3) Electronic signature means an electronic symbol or process attached to
or logically associated with a record and executed or adopted by a person with the
intent to sign the record.
(4) Information includes data, text, images, codes, computer programs,
software, and databases.
(5) Non-testamentary estate planning document means a record relating
to estate planning that is readable as text at the time of signing and is not a will or
contained in a will. The term:
(a) In this article 24, is limited to a record that creates, exercises, modifies,
releases, or revokes:
(I) A trust instrument;
(II) A trust power that under the terms of the trust requires a signed record;
(III) A certification of a trust pursuant to section 15-5-1013;
(IV) A power of attorney that is durable pursuant to the Uniform Power of
Attorney Act, part 7 of article 14 of this title 15;
(V) An agent's certification pursuant to section 15-14-719 of the validity of a
power of attorney and the agent's authority;
(VI) A power of appointment;
(VII) An advance directive, including a health-care power of attorney,
directive to physicians, natural death statement, living will, and medical or
physician order for life-sustaining treatment;
(VIII) A record directing disposition of an individual's body after death;
(IX) A nomination of a guardian for the signing individual;
(X) A nomination of a guardian for a minor child or disabled adult child;
(XI) A mental health treatment declaration;
(XII) A disclaimer pursuant to the Uniform Disclaimer of Property Interests
Act, part 12 of article 11 of this title 15; and
(XIII) A separate writing or memorandum pursuant to section 15-11-513;
(b) Excludes all other non-testamentary estate planning documents,
including:
(I) A deed of real property, including a beneficiary deed pursuant to part 4 of
article 15 of this title 15;
(II) A certificate of title for a motor vehicle, watercraft, or aircraft; and
(III) Subject to section 15-24-201 (2)(b)(III), any record of a multiple-party
agreement or other contractual arrangement not identified in subsection (5)(a) of
this section.
(6) Person means an individual, estate, business or nonprofit entity,
government or governmental subdivision, agency, or instrumentality, or other legal
entity.
(7) Power of attorney means a record that grants authority to an agent to
act in place of the principal, even if the term is not used in the record.
(8) Record means information:
(a) Inscribed on a tangible medium; or
(b) Stored in an electronic or other medium and retrievable in perceivable
form.
(9) Security procedure means a procedure to verify that an electronic
signature, record, or performance is that of a specific person or to detect a change
or error in an electronic record. The term includes a procedure that uses an
algorithm, code, identifying word or number, encryption, or callback or other
acknowledgment procedure.
(10) Settlor means a person, including a testator, that creates or
contributes property to a trust.
(11) Sign means, with present intent to authenticate or adopt a record:
(a) Execute or adopt a tangible symbol; or
(b) Attach to or logically associate with the record an electronic signature.
(12) State means a state of the United States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, or other territory or possession
subject to the jurisdiction of the United States. The term includes a federally
recognized Indian tribe.
(13) Terms of a trust means the manifestation of the settlor's intent
regarding a trust's provisions as:
(a) Expressed in the trust instrument; or
(b) May be established by other evidence in a judicial proceeding or in a
nonjudicial settlement agreement pursuant to section 15-5-111 or by alternate
dispute resolution pursuant to section 15-5-113.
(14) Trust instrument means an instrument executed by the settlor that
contains terms of the trust, including any amendments.
(15) Will includes a codicil and a testamentary instrument that merely
appoints an executor, revokes or revises another will, nominates a guardian, or
expressly excludes or limits the right of an individual or class to succeed to
property of the decedent passing by intestate succession.