§ 34-6-108 — Incorporation of statutory attorney in fact - Powers by reference

(a) Upon the principal clearly expressing an intention to do so within the instrument creating a power of attorney, the language contained in § 34-6-109 may be incorporated into the power of attorney by appropriate reference. The provisions so incorporated shall apply to the attorney in fact with the same effect and subject to the same judicial interpretation and control in appropriate cases, as though the language were set forth verbatim in such instrument. (b) Nothing contained in this section and § 34-6-109 shall be construed to limit the power of the principal either to: (1) Grant any additional powers to the attorney in fact, including any powers otherwise excluded under subsection (c); or (2) Delete any of the powers otherwise granted in § 34-6-109 . (c) Nothing contained in this section and § 34-6-109 shall be construed to vest an attorney in fact with, or authorize an attorney in fact to exercise, any of the following powers: (1) Make gifts, grants, or other transfers without consideration, except in fulfillment of charitable pledges made by the principal while competent; (2) Exercise any powers of revocation, amendment, or appointment that the principal may have over the income or principal of any trust; (3) Act on behalf of the principal in connection with any fiduciary position held by the principal, except to renounce or resign the position; (4) Exercise any incidents of ownership on any life insurance policies owned by the principal on the life of the attorney in fact; (5) Change beneficiary designations on any death benefits payable on account of the death of the principal from any life insurance policy, employee benefit plan, or individual retirement account; (6) Change, add or delete any right of survivorship designation on any property, real or personal, to which the principal holds title, alone or with others; (7) Renounce or disclaim any property or interest in property or powers to which the principal may become entitled, whether by gift or testate or intestate succession; (8) Exercise any right, or refuse, release or abandon any right, to claim an elective share in any estate or under any will; or (9) Make any decisions regarding medical treatments or health care, except as incidental to decisions regarding property and finances. (d) Nothing contained in this section and § 34-6-109 shall be construed to limit the power of a court of competent jurisdiction to prohibit an attorney in fact from taking any action, or to restrain an attorney in fact in the taking of any action, notwithstanding the authorizations or powers vested in the attorney in fact by any written instrument into which all or any part of § 34-6-109 is incorporated by reference.

Legislative History

Acts 1991, ch. 197, § 2.