TITLE 15

UNIFORM PROBATE CODE

CHAPTER 12

UNIFORM POWER OF ATTORNEY ACT

PART 2.

AUTHORITY

15-12-212.  Claims and litigation. Unless a power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to perform any lawful act on behalf of the principal in connection with claims and litigation, including:

(1)  Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance or other relief;

(2)  Bring an action to determine adverse claims, intervene in litigation and seek to act as amicus curiae;

(3)  Seek an attachment, garnishment, order of arrest or other preliminary, provisional or intermediate relief and use an available procedure to effect or satisfy a judgment, order or decree;

(4)  Perform any lawful act, including make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination before trial and bind the principal in litigation;

(5)  Submit to alternative dispute resolution, settle and propose or accept a compromise;

(6)  Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal’s behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement or other instrument in connection with the prosecution, settlement or defense of a claim or litigation;

(7)  Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;

(8)  Pay a judgment, award or order against the principal or a settlement made in connection with litigation or alternative dispute resolution; and

(9)  Receive money or another thing of value paid in settlement of or as proceeds of a claim or litigation.

History:

[15-12-212, added 2008, ch. 186, sec. 2, p. 575.]