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201717LSO-0333STATE OF WYOMINGSENATE FILE NO. SF0105Uniform Power of Attorney entative(s) Olsen and PelkeyandA BILLfor1AN ACT relating to powers of attorney; creating the Uniform2Power of Attorney Act; providing definitions; providing for3applicability;4under powers of attorney as specified; repealing provisions5related to durable powers of attorney; and providing for an6effective date.requiringnotice toagentsorfiduciaries78Be It Enacted by the Legislature of the State of 20111through 3-9-217, 3-9-301 and 3-9-302 and 3-9-401 through123-9-403 are created to read:1314CHAPTER 915UNIFORM POWER OF ATTORNEY ACT1SF0105
201717LSO-0333STATE OF WYOMING12ARTICLE 13GENERAL PROVISIONS453-9-101.Short title.67This act may be cited as the "Uniform Power of Attorney8Act."9103-9-102.Definitions.1112(a)As used in this 9delegated;"Agent" means a person granted authority sSF0105
201717LSO-0333STATE OF WYOMING12(iii)"Electronic" means relating to ess,4electromagnetic or similar capabilities;optical,56(iv)"Good faith" means honesty in fact;789(v)"Incapacity" means inability of a person tomanage property or business affairs because the ions even with the use of technological assistance; udingincarceratedin a penal system; or212223(III)OutsidetheUnitedStatesandunable to return.3SF0105
201717LSO-0333STATE OF r record that grants authority to an agent to act in4the place of the principal whether or not the term power of5attorney is used;67(vii)"Presentlywithexercisable9interest subject to a power of appointment, means powertimeinproperty11ownership12estate, the principal's creditors or the creditors of the13principal's estate.14of15exercisable until the occurrence of a specified event, the16satisfaction of an ascertainable standard or the passage of17a specified period but only after the occurrence of the18specifiedevent,19standardor20"Presently exercisable general power of appointment" does21not include a power exercisable in a fiduciary capacity or22a power exercisable only by will;thevestpropertyexercisableappointment"toa10in the pectgeneralabsoluteindividually, the principal's"Presently exercisable general F0105
20171217LSO-0333STATE OF rity to an agent in a power of attorney;34(ix)"Property" means anything that may be the5subject of ownership whether real or personal, or legal or6equitable, or any interest or right therein;78910(x)"Record" means information that is inscribedon a tangible medium or that is stored in an electronic orother medium and is retrievable in perceivable enticate or adopt a record, to:1415(A)Execute or adopt a tangible symbol; or(B)Attach to or logically associate with161718the record an electronic sound, symbol or ates, the District of Columbia, Puerto Rico, the rSF0105
201717LSO-0333STATE OF oftheUnited34(xiii)funds"Stocks and bonds" means stocks, bonds,5mutualand6financial instruments whether held directly, indirectly or7in any other manner.8commodity9stocks or stock indexes;futuresallothertypesofsecuritiesand"Stocks and bonds" does not attorneyexcept:1819(i)A power to the extent it is coupled with an20interest in the subject of the power, including a power21given to or for the benefit of a creditor in connection22with a credit transaction;236SF0105
201717LSO-0333STATE OF WYOMING1(ii)A power to make health care decisions;23(iii)4voting5entity;A proxy orrightsorother n67(iv)A power created on a form prescribed by lity for a governmental purpose.agencyorafterthe10113-9-104.Power of attorney is ive date of this act is durable unless it expressly15provides that it is terminated by the incapacity of eeffective19date of this act is durable only if on that day the power20of attorney is durable in accordance with the law existing21on the day of execution of the power of attorney.22233-9-105.Execution of power of attorney.7SF0105
201717LSO-0333STATE OF WYOMING12A power of attorney shall be signed by the principal or in3the principal's conscious presence by another person who is4directed by the principal to sign the principal's name on5the power of attorney.6is presumed to be genuine if the principal acknowledges the7signature before a notary public or other person authorized8by law to take acknowledgments.A signature on a power of attorney9103-9-106.Validity of power of attorney.1112(a)theA power of attorney executed in this state on or13aftereffectivedateofthis14execution complies with W.S. 3-9-105.actisvalidifits1516(b)A power of attorney executed in this state before17the effective date of this act is valid if its execution18complied with the law of this state as it existed at the19time of execution.2021(c)A power of attorney executed other than in this22state is valid in this state if, when the power of attorney23was executed, the execution complied with the:8SF0105
201717LSO-0333STATE OF WYOMING12(i)Law of the jurisdiction that determines the3meaning and effect of the power of attorney pursuant to4W.S. 3-9-107; nts for a military power of attorney pursuant to810 U.S.C. section 1044b.910(d)Except as otherwise provided by law other than11this act, a photocopy or electronically transmitted copy of12an original power of attorney has the same effect as the13original.14153-9-107.Meaning and effect of power of attorney.1617The meaning and effect of a power of attorney is determined18by the law of the jurisdiction indicated in the power of19attorney20jurisdiction, by the law of the jurisdiction in which the21power of attorney was executed.and,intheabsenceofanindicationof229SF0105
20171217LSO-0333STATE OF elation of agent to court appointed fiduciary.34(a)In a power of attorney, a principal may nominate5a conservator of the principal's estate or guardian of the6principal's7protective proceedings for the principal's estate or person8are9attorney. Except for good cause shown or disqualification,10the court shall make its appointment in accordance with the11principal's most recent aprincipalexecutesapowerof14attorney, a court appoints a conservator of the principal's15estate or other fiduciary charged with the management of16some17accountable to the fiduciary as well as to the principal.18The power of attorney is not terminated and the agent's19authority continues unless limited, suspended or terminated20by the 3-9-109.When power of attorney effective.2310SF0105
2017117LSO-0333STATE OF WYOMING(a)A power of attorney is effective when executed2unless the principal provides in the power of attorney that3it4occurrence of a future event or 56(b)If a power of attorney becomes effective upon the7occurrence of a future event or contingency, the principal,8in the power of attorney, may authorize one (1) or more9persons to determine in a writing or other record that the10event or contingency has occurred.1112(c)If a power of attorney becomes effective upon the13principal's incapacity and the principal has not authorized14a15incapacitated,16unwilling to make the determination, the power of attorney17becomes18other record that21the principal is incapacitated within the meaning of W.S.223-9-102(a)(v)(A); or2311SF0105
201717LSO-0333STATE OF ed within the meaning of W.S. 3-9-102(a)(v)(B).45(d)A person authorized by the principal in the power6ofattorney7incapacitated8representative pursuant to the Health Insurance Portability9and Accountability Act, sections 1171 through 1179 of the10Social Security Act, and applicable regulations, to obtain11access12communicate with the principal's health care ationand1314153-9-110.Termination of power of attorney or agent'sauthority.1617(a)A power of attorney terminates when the:1819(i)Principal power of attorney is not durable;2312SF0105
201717LSO-0333STATE OF WYOMING1(iii)Principal revokes the power of hed; or89(vi)Principal revokes the agent's authority or10the agent dies, becomes incapacitated or resigns and the11power of attorney does not provide for another agent to act12under the power of attorney.1314(b)An agent's authority terminates when:1516(i)The principal revokes the tedorresigns;202122(iii)An action is filed for the dissolution orannulment of the agent's marriage to the principal or an13SF0105
201717LSO-0333STATE OF WYOMING1action is filed for legal separation, unless the power of2attorney otherwise provides; or34(iv)The power of attorney terminates.56(c)Unless the power of attorney otherwise provides,7an8terminates9notwithstanding a lapse of time since the execution of b)untiloftheauthoritythissection,power of attorney.1112(d)Termination of an agent's authority or of a power13of attorney is not effective as to the agent or another14person that, without actual knowledge of the termination,15acts in good faith under the power of attorney.16performed, unless otherwise invalid or unenforceable, binds17the principal and the principal's successors in interest.An act ney that is not durable does not revoke or terminate21the power of attorney as to an agent or other person that,22without actual knowledge of the incapacity, acts in good23faith under the power of attorney.14An act so performed,SF0105
201717LSO-0333STATE OF s2principal and the principal's successors in interest.the34(f)The execution of a power of attorney does principal unless the subsequent power of attorney provides7that the previous power of attorney is revoked or that all8other powers of attorney are revoked.9103-9-111.Coagents and successor agents.1112(a)A principal may designate two (2) or more persons13to act as coagents.14provides,15independently.eachUnless the power of attorney ncipalmaydesignateone(1)ormore18successor agents to act if an agent resigns, dies, becomes19incapacitated, is not qualified to serve or declines to20serve.21(1) or more successor agents to an agent or other person22designated by name, office or function.23of attorney otherwise provides, a successor agent:A principal may grant authority to designate one15Unless the powerSF0105
201717LSO-0333STATE OF WYOMING123(i)Has the same authority as that granted tothe original agent;45(ii)Maynotactuntil allpredecessor agents6have resigned, died, become incapacitated, are no longer7qualified to serve or have declined to attorney and subsection (d) of this section, an agent that11does not participate in or conceal a breach of fiduciary12duty committed by another agent, including a predecessor13agent, is not liable for the actions of the other agent.1415(d)An agent that has actual knowledge of a breach or16imminent breach of fiduciary duty by another agent shall17notify18incapacitated, takeany19theto20interest.21take action as required by this subsection is liable for22thetheprincipalcircumstancesand,iftheaction cipal'sbestAn agent that fails to notify the principal F0105
201717LSO-0333STATE OF WYOMING1avoided if the agent had notified the principal or taken2such action.343-9-112.Reimbursement and compensation of agent.56Unless the power of attorney otherwise provides, an agent7is8incurred on behalf of the principal and to compensation9that is reasonable under the sonably10113-9-113.Agent's acceptance.1213Except as otherwise provided in the power of attorney, a14person accepts appointment as an agent under a power of15attorney by exercising authority or performing duties as ctindicating18193-9-114.Agent's duties.202122(a)Notwithstandingany provisionsinthepower ofattorney, an agent that has accepted appointment shall act:2317SF0105
201717LSO-0333STATE OF le expectations to the extent actually known by the3agent and, otherwise, in the principal's best interest;45(ii)In good faith;67(iii)Only within the scope of authority granted8in the power of erofattorney, an agent that has accepted appointment shall:1213(i)Act loyally for the principal's ent'sa16interest17impartially in the principal's best exercisedcare,byagentsinsimilar2218SF0105
201717LSO-0333STATE OF ooperate with any person that has authority6to make health care decisions for the principal to carry7out the principal's reasonable expectations to the extent8actually known by9principal's best interest;theagentand,otherwise, act inthe1011(vi)totheAttempt to preserve the principal's serving the plan is consistent with the principal's best14interest based on all relevant factors, including:151617(A)The value and nature of the principal's(B)The principal's foreseeable obligationsproperty;181920and need for maintenance of the property;2119SF0105
201717LSO-0333STATE OF WYOMING1(C)Minimizationoftaxes,including2income, estate, inheritance, generation skipping transfer3and gift taxes;456(D)Eligibility for a benefit, program orassistance under a statute or regulation.78910(c)An agent that acts in good faith is not liable toany beneficiary of the principal's estate plan for failureto preserve the 3diligence for the best interest of the principal is not14liable solely because the agent also benefits from the act15or has an individual or conflicting interest in relation to16the property or affairs of the principal.1718(e)If an agent is selected by the principal because19of special skills or expertise possessed by the agent or in20reliance on the agent's representation that the agent has21special22expertise shall be considered in determining whether theskillsorexpertise,20thespecialskillsorSF0105
201717LSO-0333STATE OF WYOMING1agent has acted with care, competence and diligence under2the circumstances.34(f)Absentisnota5agent6property pal,theanprincipal's78(g)An agent that exercises authority to delegate to9another person the authority granted by the principal or10that engages another person on behalf of the principal is11not liable for an act, error of judgment or default of that12person13diligence in selecting and monitoring the )Exceptasotherwiseprovidedinthepowerof16attorney, an agent is not required to disclose receipts,17disbursements or transactions conducted on behalf of the18principal unless ordered by a court or requested by the19principal,20acting21authority to protect the welfare of the principal or, upon22the death of the principal, by the personal representative23or successor in interest of the principal's thergovernmental21fiduciaryagencyhavingIf soSF0105
201717LSO-0333STATE OF WYOMING1requested, within thirty (30) days the agent shall comply2with3substantiating4comply with the request within an additional thirty tion of agent.89(a)A provision in a power of attorney relieving an10agent of liability for breach of duty is binding on the11principal and the principal's successors in interest except12to the extent the provision:1314(i)Relieves the agent of liability for breach15of duty committed dishonestly, with an improper motive or16with reckless indifference to the purposes of the power of17attorney or the best interest of the principal; or181920(ii)Was inserted as a result of an abuse of aconfidential or fiduciary relationship with the principal.21223-9-116.Judicial relief.2322SF0105
2017117LSO-0333STATE OF onstrue a power of attorney or review the agent's conduct3and grant appropriate relief:45(i)The principal or the agent;67(ii)A guardian, conservator or other fiduciary8acting for the principal;91011(iii)A person authorizedtomakehealthcareparentordecisions for the t;151617(v)A person who would qualify as a presumptiveheir of the principal;1819(vi)property,A person named as a beneficiary to receive20anybenefitorcontractual21principal's death or as a beneficiary of a trust created by22or for the principal that has a financial interest in the23principal's estate;23rightontheSF0105
201717LSO-0333STATE OF WYOMING12(vii)thatThe3person4principal's ssunlessthe11court finds that the principal lacks capacity to revoke the12agent's authority or the power of attorney.13143-9-117.Agent's liability.1516(a)An agent that violates this act is liable to the17principal or the principal's successors in interest for the18amount required y to what it would have been had the violation not22occurred; and2324SF0105
201717LSO-0333STATE OF WYOMING1(ii)Reimburse the principal or the principal's2successors in interest for the attorney's fees and costs3paid on the agent's behalf.453-9-118.Agent's resignation; notice.67(a)Unless the power of attorney otherwise provides,8an agent may resign by giving notice to the principal and,9if the principal is he12principal if one (1) has been appointed and a coagent or13successor agent; or141516(ii)To any one (1) of the following if there isno person described in paragraph (i) of this subsection:1718(A)The principal's 21the agent to have sufficient interest in the principal's22welfare;2325SF0105
20171217LSO-0333STATE OF WYOMING(C)A governmental agency having authorityto protect the welfare of the principal.343-9-119.Acceptance of and reliance upon acknowledged5power of attorney.67(a)A person that in good faith accepts a naturetheis1213(b)A person that in good faith accepts a ualknowledge15that the power of attorney is void, invalid or terminated,16that the purported agent's authority is void, invalid or17terminated or that the agent is exceeding or improperly18exercising the agent's authority may rely upon the power of19attorney as if the power of attorney were genuine, valid20and still in effect, the agent's authority were genuine,21valid and still in effect and the agent had not exceeded22and improperly exercised the authority.2326SF0105
2017117LSO-0333STATE OF WYOMING(c)A person that is asked to accept an acknowledged2power of attorney may request and rely upon without further3investigation tter7agent or power of i)Englishtranslationofthepowerof10attorney if the power of attorney contains, in whole or in11part, language other than tedunderthis section shall be provided at the principal's expense.1516(e)For purposes of this section and W.S. ied19before a notary public or other person authorized to take20acknowledgements;212223(ii)A person that conducts activities throughemployees is without actual knowledge of a fact relating to27SF0105
201717LSO-0333STATE OF WYOMING1a power of attorney, principal or agent if the employee2conducting the transaction involving the power of attorney3is without actual knowledge of the fact.453-9-120.Liability for refusal to accept acknowledged6power of attorney.78910(a)thisExcept as otherwise provided in subsection (b) ofsection,apersonthatisaskedtoacceptanacknowledged power of attorney shall:1112(i)aAccept the acknowledged power of attorney 9-119(c) not later than seven (7) business days after15presentation of the power of attorney for acceptance;1617(ii)If the person requests a certification or18translationunder19attorney20receipt of the certification or translation; nesspowerdaysofafter2128SF0105
201717LSO-0333STATE OF WYOMING1(iii)Notof power ofrequire2formattorney3power of attorney ed attorney if:78910(i)engage in aThepersonistransaction withnototherwiserequiredtheprincipalin the samecircumstances;1112(ii)Engaging in a transaction with the agent or13theprincipalinthesame14inconsistent with federal lknowledgeofthe17termination of the agent's authority or of the power of18attorney before exercise of the tion under W.S. 3-9-119(c) is refused;2229SF0105
201717LSO-0333STATE OF WYOMING1(v)The person in good faith believes the power2is not valid or the agent does not have the authority to3perform the act requested whether or not a certification or4translation5provided; orunderW.S.3-9-119(c)hasbeenrequestedor67(vi)The person makes, or has actual knowledge8that another person has made, a report to a areofthe10principal stating a good faith belief that the principal11may be subject to physical or financial abuse, neglect,12exploitation or abandonment by the agent or a person acting13for or with the agent.1415(c)A person who refuses to accept an acknowledged16power of attorney in violation of this section is subject17to the following:181920(i)A court ordermandating acceptanceofthepower of SF0105
2017STATE OF WYOMING17LSO-03331confirms the validity of the power of attorney or mandates2acceptance of the power of attorney.343-9-121.Principles of law and equity.56Unless displaced by a provision of this act, the principles7of law and equity supplement this act.893-9-122.10and This act does not supersede any other law applicable to13financial institutions or other entities.14controls if inconsistent with this act.The other law15163-9-123.Remedies under other law.1718The remedies under this act are not exclusive and do not19abrogate any right or remedy under the law of this state20other than this act.2122ARTICLE 223AUTHORITY31SF0105
201717LSO-0333STATE OF nt;grant of general authority.45(a)An agent under a power of attorney may do the6followingonbehalf7principal's8expressly grants the agent the authority and exercise her10agreement or instrument to which the authority or property11is subject:121314(i)Create, amend, revoke or terminate an intervivos trust;1516(ii)Make a gift;1718(iii)Create or change rights of survivorship;1920(iv)Create or change a beneficiary designation;(v)Delegate authority granted under the power212223of attorney;32SF0105
201717LSO-0333STATE OF iary of a joint and survivor annuity, including a4survivor benefit under a retirement plan;56(vii)Exercisefiduciary7has authority to delegate;powerstheprincipal8910(viii)Disclaim property, including a power ofappointment.1112(b)Notwithstanding a grant of authority to do an act13described in subsection (a) of this section and unless the14power of attorney otherwise provides, an agent that is not15an ancestor, spouse or descendant of the principal shall16not exercise authority under a power of attorney to create17in the agent, or in a person to whom the agent owes a legal18obligation19property20beneficiary designation, disclaimer or ntheofprincipal'ssurvivorship,212223(c)Subject to subsections (a), (b), (d) and (e) ofthis section, if a power of attorney grants to an agent33SF0105
201717LSO-0333STATE OF WYOMING1authority to do all the acts a principal may do, the agent2has the general authority described in W.S. 3-9-204 through33-9-216.45(d)Unless the power of attorney otherwise provides,6a grant of authority to make a gift is subject to W.S.73-9-217.89(e)Subject to subsections (a), (b) and (d) of this10section, if the subjects described in W.S. 3-9-204 orneyis16exercisable with respect to property the principal has when17the power of attorney is executed or later acquires whether18or not the property is located in this state and whether or19not the authority is exercised or the power of attorney is20executed in this state.212223(g)An act performed by an agent pursuant to a powerof attorney has the same effect and inures to the benefit34SF0105
201717LSO-0333STATE OF WYOMING1of and binds the principal and the principal's successors2in interest as if the principal had performed the act.343-9-202.Incorporation of authority.56(a)An agent has authority described in this act if7the8respect to the descriptive term for the subjects stated in9W.S. 3-9-204 through 3-9-217 or cites the section in the authority is described.1112(b)A reference in a power of attorney to incorporates the entire section as if it were set out in17full in the power of -9-217181920(c)A principal may modify authority incorporated byreference.21223-9-203.Construction of authority generally.2335SF0105
2017117LSO-0333STATE OF rporates43-9-2045authority to do all the acts a principal may do pursuant to6W.S.7respect to the subject, gent,with89(i)Demand, receive and obtain by litigation or10otherwise any money or other thing of value to which the11principal is, may become or claims to be entitled to and12conserve, invest, disburse or use anything so received or13obtained for the purposes intended;1415(ii)Contract in any manner with any person, on16terms agreeable to the agent, to accomplish a purpose of a17transaction18reform,19other contract made by or on behalf of the cord23considersanyExecute, acknowledge, seal, deliver, 36athepurposeagentofaSF0105
201717LSO-0333STATE OF WYOMING1transaction,including2listing3attaching the schedule to the power of submitto6alternative dispute resolution, settle, oppose or propose7or accept a compromise with respect to a claim e
12 an original power of attorney has the same effect as the 13 original. 14 15 3-9-107. Meaning and effect of power of attorney. 16 17 The meaning and effect of a power of attorney is determined 18 by the law of the jurisdiction indicated in the power of 19 attorney and, in the absence of an indication of
