(1) Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:
(a) To the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or
(b) If there is no person described in paragraph (a) of this subsection (1), to:
(I) The principal's caregiver;
(II) Another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or
(III) A governmental agency having authority to protect the welfare of the principal.
Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 393, � 1, effective April 9.
15-14-719. Acceptance of and reliance upon acknowledged power of attorney. (1) For purposes of this section and section 15-14-720, acknowledged means purportedly verified before a notary public or other individual authorized to take acknowledgements.
(2) A person that in good faith accepts a purportedly acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 15-14-705 that the signature is genuine.
(3) A person that in good faith accepts a purportedly acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.
(4) A person that is asked to accept an acknowledged power of attorney may request and rely upon, without further investigation, one or more of the following:
(a) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;
(b) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; or
(c) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(5) An English translation, an agent's certification, or an opinion of counsel requested under this section must be provided at the principal's expense.
(6) For purposes of this section and section 15-14-720, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 393, � 1, effective April 9.