(a) A court of this state lacking jurisdiction under W.S. 3-8-203(a)(i) through (iii) has special jurisdiction to do any of the following:
(i) Appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;
(ii) Issue a protective order with respect to real or tangible personal property located in this state;
(iii) Appoint a guardian or conservator for an incompetent or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to W.S. 3-8-301.
(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Except as otherwise provided in W.S. 3-8-204, a court that has appointed a guardian or issued a protective order consistent with this act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
(a) A court of this state having jurisdiction under W.S. 3-8-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of this state declines to exercise its jurisdiction under subsection (a) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(i) Any expressed preference of the respondent;
(ii) Whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation;
(iii) The length of time the respondent was physically present in or was a legal resident of this or another state;
(iv) The distance of the respondent from the court in each state;
(v) The financial circumstances of the respondent's estate;
(vi) The nature and location of the evidence;
(vii) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(viii) The familiarity of the court of each state with the facts and issues in the proceeding; and
(ix) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
3-8-207. Jurisdiction declined by reason of conduct.
(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(i) Decline to exercise jurisdiction;
(ii) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(iii) Continue to exercise jurisdiction after considering:
(A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in W.S. 3-8-206(c); and
(C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of W.S. 3-8-203.
(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses and travel expenses. The court may not assess fees, costs or expenses of any kind against this state or a governmental subdivision, agency or instrumentality of this state unless authorized by law other than this act.
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition shall be given to any person who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice shall be given in the same manner as notice is required to be given in this state.
(a) Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under W.S. 3-8-204(a)(i) or (ii), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules shall apply:
(i) If the court in this state has jurisdiction under W.S. 3-8-203, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to that section before the appointment or issuance of the order;
(ii) If the court in this state does not have jurisdiction under W.S. 3-8-203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
3-8-301. Transfer of guardianship or conservatorship to another state.
(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(b) Notice of a petition under subsection (a) of this section shall be given to any person that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(c) On the court's own motion or on request of the guardian or conservator, the incompetent or protected person or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection
(a) of this section.
(d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(i) The incompetent person is physically present in or is reasonably expected to move permanently to the other state;
(ii) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incompetent person; and
(iii) Plans for care and services for the incompetent person in the other state are reasonable and sufficient.
(e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(i) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in W.S. 3-8-201(b);
(ii) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(iii) Adequate arrangements will be made for management of the protected person's property.
(f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(i) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to W.S. 3-8-302; and
(ii) The documents required to terminate a guardianship or conservatorship in this state.
3-8-302. Accepting guardianship or conservatorship transferred from another state.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to W.S. 3-8-301, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer.
(b) Notice of a petition under subsection (a) of this section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice shall be given in the same manner as notice is required to be given in this state.
(c) On the court's own motion or on request of the guardian or conservator, the incompetent or protected person or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this section.
(d) The court shall issue an order provisionally granting a petition filed under subsection (a) of this section unless:
(i) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incompetent or protected person; or
(ii) The guardian or conservator is ineligible for appointment in this state.
(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to W.S. 3-8-301 transferring the proceeding to this state.
(f) Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incompetent or protected person's incompetency and the appointment of the guardian or conservator.
(h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state shall not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under W.S. 3-2-101 through 3-3-1106 if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
(j) In granting a petition under this section, the court may require any report or impose any duty under W.S. 3-2-109, 3-2-201, 3-2-202, 3-3-601 through 3-3-611 or 3-3-901 and 3-3-902.
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(b) A court of this state may grant any relief available under this act and other law of this state to enforce a registered order.
(c) Any court in this state issuing a guardianship or protective order pursuant to this act may require the guardian or conservator to file a certified copy of any report or accounting the guardian or conservator files with the court.
(a) This act shall apply to any guardianship and protective proceeding begun on or after the effective date of this act.
(b) Articles 1, 3 and 4 of this act shall apply to any proceeding begun before the effective date of this act, regardless of whether a guardianship or protective order has been issued.
3-8-502. Relation to electronic signatures in global and national commerce act.
This act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001, et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. section 7001(c) or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).
(a) As used in this act:
(i) "Agent" means a person granted authority to act for a principal under a power of attorney whether denominated an agent, attorney-in-fact or otherwise. "Agent" includes an original agent, coagent, successor agent and a person to which an agent's authority is delegated;
(ii) "Durable," with respect to a power of attorney, means not terminated by the principal's incapacity;
(iii) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities;
(iv) "Good faith" means honesty in fact;
(v) "Incapacity" means inability of a person to manage property or business affairs because the person:
(A) Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) Is:
(I) Missing;
(II) Detained, including incarcerated in a penal system; or
(III) Outside the United States and unable to return.
(vi) "Power of attorney" means a writing or other record that grants authority to an agent to act in the place of the principal whether or not the term power of attorney is used;
(vii) "Presently exercisable general power of appointment," with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors or the creditors of the principal's estate. "Presently exercisable general power of appointment" includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard or the passage of a specified period but only after the occurrence of the specified event, the satisfaction of the ascertainable standard or the passage of the specified period. "Presently exercisable general power of appointment" does not include a power exercisable in a fiduciary capacity or a power exercisable only by will;
(viii) "Principal" means a person who grants authority to an agent in a power of attorney;
(ix) "Property" means anything that may be the subject of ownership whether real or personal, or legal or equitable, or any interest or right therein;
(x) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(xi) "Sign" means, with present intent to authenticate or adopt a record, to:
(A) Execute or adopt a tangible symbol; or
(B) Attach to or logically associate with the record an electronic sound, symbol or process.
(xii) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States;
(xiii) "Stocks and bonds" means stocks, bonds, mutual funds and all other types of securities and financial instruments whether held directly, indirectly or in any other manner. "Stocks and bonds" does not include commodity futures contracts and call or put options on stocks or stock indexes;
(xiv) "This act" means W.S. 3-9-101 through 3-9-403.
(a) This act applies to all powers of attorney except:
(i) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(ii) A power to make health care decisions;
(iii) A proxy or other delegation to exercise voting rights or management rights with respect to an entity;
(iv) A power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.
(a) A power of attorney created on or after the effective date of this act is durable unless it expressly provides that it is terminated by the incapacity of the principal.
(b) A power of attorney existing on the effective date of this act is durable only if on that day the power of attorney is durable in accordance with the law existing on the day of execution of the power of attorney.
A power of attorney shall be signed by the principal or in the principal's conscious presence by another person who is directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other person authorized by law to take acknowledgments.
(a) A power of attorney executed in this state on or after the effective date of this act is valid if its execution complies with W.S. 3-9-105.
(b) A power of attorney executed in this state before the effective date of this act is valid if its execution complied with the law of this state as it existed at the time of execution.
(c) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with the:
(i) Law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to W.S. 3-9-107; or
(ii) Requirements of W.S. 19-11-202 or any requirements for a military power of attorney pursuant to 10 U.S.C. section 1044b.
(d) Except as otherwise provided by law other than this act, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
3-9-108. Nomination of conservator or guardian; relation of agent to court appointed fiduciary.
(a) In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
(b) If, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended or terminated by the court.
(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one (1) or more persons to determine in a writing or other record that the event or contingency has occurred.
(c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(i) A physician or licensed psychologist that the principal is incapacitated within the meaning of W.S. 3-9-102(a)(v)(A); or
(ii) An attorney at law, a judge or an appropriate governmental official that the principal is incapacitated within the meaning of W.S. 3-9-102(a)(v)(B).
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, sections 1171 through 1179 of the Social Security Act, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider.
3-9-110. Termination of power of attorney or agent's authority.
(a) A power of attorney terminates when the:
(i) Principal dies;
(ii) Principal becomes incapacitated, if the power of attorney is not durable;
(iii) Principal revokes the power of attorney;
(iv) Power of attorney provides that it terminates;
(v) Purpose of the power of attorney is accomplished; or
(vi) Principal revokes the agent's authority or the agent dies, becomes incapacitated or resigns and the power of attorney does not provide for another agent to act under the power of attorney.
(b) An agent's authority terminates when:
(i) The principal revokes the authority;
(ii) The agent dies, becomes incapacitated or resigns;
(iii) An action is filed for the dissolution or annulment of the agent's marriage to the principal or an action is filed for legal separation, unless the power of attorney otherwise provides; or
(iv) The power of attorney terminates.
(c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b) of this section, notwithstanding a lapse of time since the execution of the power of attorney.
(d) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
(a) A principal may designate two (2) or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently.
(b) A principal may designate one (1) or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve or declines to serve. A principal may grant authority to designate one (1) or more successor agents to an agent or other person designated by name, office or function. Unless the power of attorney otherwise provides, a successor agent:
(i) Has the same authority as that granted to the original agent;
(ii) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve or have declined to serve.
(c) Except as otherwise provided in the power of attorney and subsection (d) of this section, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(d) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
(a) Notwithstanding any provisions in the power of attorney, an agent that has accepted appointment shall act:
(i) In accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest;
(ii) In good faith;
(iii) Only within the scope of authority granted in the power of attorney.
(b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:
(i) Act loyally for the principal's benefit;
(ii) Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest;
(iii) Act with the care, competence and diligence ordinarily exercised by agents in similar circumstances;
(iv) Keep a record of all receipts, disbursements and transactions made on behalf of the principal;
(v) Cooperate with any person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest;
(vi) Attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including:
(A) The value and nature of the principal's property;
(B) The principal's foreseeable obligations and need for maintenance of the property;
(C) Minimization of taxes, including income, estate, inheritance, generation skipping transfer and gift taxes;
(D) Eligibility for a benefit, program or assistance under a statute or regulation.
(c) An agent that acts in good faith is not liable to any beneficiary of the principal's estate plan for failure to preserve the plan.
(d) An agent that acts with care, competence and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.
(e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise shall be considered in determining whether the agent has acted with care, competence and diligence under the circumstances.
(f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.
(g) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment or default of that person if the agent exercises care, competence and diligence in selecting and monitoring the person.
(h) Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate. If so requested, within thirty (30) days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional thirty (30) days.
(a) A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:
(i) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(ii) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief:
(i) The principal or the agent;
(ii) A guardian, conservator or other fiduciary acting for the principal;
(iii) A person authorized to make health care decisions for the principal;
(iv) The principal's spouse, parent or descendant;
(v) A person who would qualify as a presumptive heir of the principal;
(vi) A person named as a beneficiary to receive any property, benefit or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(vii) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare;
(viii) A person asked to accept the power of attorney.
(b) Upon motion by the principal, the court shall dismiss a petition filed under this section unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
(a) An agent that violates this act is liable to the principal or the principal's successors in interest for the amount required to:
(i) Restore the value of the principal's property to what it would have been had the violation not occurred; and
(ii) Reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agent's behalf.
(a) Unless the power of attorney otherwise provides, an agent may resign by giving notice to the principal and, if the principal is incapacitated:
(i) To the conservator or guardian of the principal if one (1) has been appointed and a coagent or successor agent; or
(ii) To any one (1) of the following if there is no person described in paragraph (i) of this subsection:
(A) The principal's caregiver;
(B) Another person reasonably believed by the agent to have sufficient interest in the principal's welfare;
(C) A governmental agency having authority to protect the welfare of the principal.
3-9-119. Acceptance of and reliance upon acknowledged power of attorney.
(a) 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 W.S. 3-9-105 that the signature is genuine.
(b) 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 improperly exercised the authority.
(c) A person that is asked to accept an acknowledged power of attorney may request and rely upon without further investigation an:
(i) Agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney;
(ii) English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English.
(d) A certification or translation requested under this section shall be provided at the principal's expense.
(e) For purposes of this section and W.S. 3-9-120:
(i) "Acknowledged" means purportedly verified before a notary public or other person authorized to take acknowledgements;
(ii) A person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, principal or agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
3-9-120. Liability for refusal to accept acknowledged power of attorney.
(a) Except as otherwise provided in subsection (b) of this section, a person that is asked to accept an acknowledged power of attorney shall:
(i) Accept the acknowledged power of attorney or request a certification or translation under W.S. 3-9-119(c) not later than seven (7) business days after presentation of the power of attorney for acceptance;
(ii) If the person requests a certification or translation under W.S. 3-9-119(c), accept the power of attorney not later than five (5) business days after receipt of the certification or translation; and
(iii) Not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(b) A person may refuse an acknowledged power of attorney if:
(i) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(ii) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;
(iii) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;
(iv) A request for a certification or translation under W.S. 3-9-119(c) is refused;
(v) The person in good faith believes the power is not valid or the agent does not have the authority to perform the act requested whether or not a certification or translation under W.S. 3-9-119(c) has been requested or provided; or
(vi) The person makes, or has actual knowledge that another person has made, a report to a governmental agency having authority to protect the welfare of the principal stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or a person acting for or with the agent.
(c) A person who refuses to accept an acknowledged power of attorney in violation of this section is subject to the following:
(i) A court order mandating acceptance of the power of attorney;
(ii) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
3-9-122. Laws applicable to financial institutions and entities.
This act does not supersede any other law applicable to financial institutions or other entities. The other law controls if inconsistent with this act.
3-9-201. Authority that requires specific grant; grant of general authority.
(a) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:
(i) Create, amend, revoke or terminate an inter vivos trust;
(ii) Make a gift;
(iii) Create or change rights of survivorship;
(iv) Create or change a beneficiary designation;
(v) Delegate authority granted under the power of attorney;
(vi) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
(vii) Exercise fiduciary powers the principal has authority to delegate;
(viii) Disclaim property, including a power of appointment.
(b) Notwithstanding a grant of authority to do an act described in subsection (a) of this section and unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse or descendant of the principal shall not exercise authority under a power of attorney to create in the agent, or in a person to whom the agent owes a legal obligation of support, an interest in the principal's property whether by gift, right of survivorship, beneficiary designation, disclaimer or otherwise.
(c) Subject to subsections (a), (b), (d) and (e) of this section, if a power of attorney grants to an agent authority to do all the acts a principal may do, the agent has the general authority described in W.S. 3-9-204 through 3-9-216.
(d) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to W.S. 3-9-217.
(e) Subject to subsections (a), (b) and (d) of this section, if the subjects described in W.S. 3-9-204 through 3-9-217 over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
(f) Authority granted in a power of attorney is exercisable with respect to property the principal has when the power of attorney is executed or later acquires whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.
(g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.
(a) An agent has authority described in this act if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in W.S. 3-9-204 through 3-9-217 or cites the section in which the authority is described.
(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject stated in W.S. 3-9-204 through 3-9-217 or a citation to a section of W.S. 3-9-204 through 3-9-217 incorporates the entire section as if it were set out in full in the power of attorney.
(c) A principal may modify authority incorporated by reference.
(a) Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in W.S. 3-9-204 through 3-9-217 or that grants to an agent authority to do all the acts a principal may do pursuant to W.S. 3-9-201(c), a principal authorizes the agent, with respect to the subject, to:
(i) Demand, receive and obtain by litigation or otherwise any money or other thing of value to which the principal is, may become or claims to be entitled to and conserve, invest, disburse or use anything so received or obtained for the purposes intended;
(ii) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release or modify the contract or any other contract made by or on behalf of the principal;
(iii) Execute, acknowledge, seal, deliver, file or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching the schedule to the power of attorney;
(iv) Initiate, participate in, submit to alternative dispute resolution, settle, oppose or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;
(v) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;
(vi) Engage, compensate and discharge an attorney, accountant, discretionary investment manager, expert witness or other advisor;
(vii) Prepare, execute and file a record, report or other document to safeguard or promote the principal's interest under a statute or regulation;
(viii) Communicate with any representative or employee of a government or governmental subdivision, agency or instrumentality on behalf of the principal;
(ix) Access communications intended for and communicate on behalf of the principal whether by mail, electronic transmission, telephone or other means;
(x) Do any lawful act with respect to the subject and all property related to the subject.
(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:
(i) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit or otherwise acquire or reject an interest in real property or a right incident to real property;
(ii) Sell, exchange, quitclaim, release, surrender, retain title for security, encumber, partition, consent to partitioning, subject to an easement or covenant, subdivide, apply for zoning or other governmental permits, plat or consent to platting, develop, grant an option concerning, lease, sublease, contribute to an entity in exchange for an interest in that entity, convey with or without covenants, representations or warranties, or otherwise grant or dispose of an interest in real property or a right incident to real property;
(iii) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(iv) Release, assign, satisfy or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien or other claim to real property which exists or is asserted;
(v) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:
(A) Insuring against liability, casualty or other loss;
(B) Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;
(C) Paying, assessing, compromising or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;
(D) Purchasing supplies, hiring assistance or labor and making repairs or alterations to the real property.
(vi) Use, develop, alter, replace, remove, erect or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;
(vii) Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, hold and act with respect to stocks and bonds or other property received in a plan of reorganization, including:
(A) Selling or otherwise disposing of the stocks and bonds or other property;
(B) Exercising or selling an option, right of conversion or similar right with respect to the stocks and bonds or other property;
(C) Exercising any voting rights in person or by proxy.
(viii) Change the form of title of an interest in or right incident to real property;
(ix) Dedicate to public use, with or without consideration, easements or other real property in which the principal has or claims to have an interest.