TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 31. MISCELLANEOUS PROVISIONS RELATING TO FIDUCIARIES

Part 3. Uniform Power of Attorney Act

Effect On Existing Powers Of Attorney

72-31-367. Effect on existing powers of attorney. Except as otherwise provided in this part, on October 1, 2011:

(1) this part applies to a power of attorney created before, on, or after October 1, 2011, unless it is a health care power of attorney;

(2) this part applies to a judicial proceeding concerning a power of attorney commenced on or after October 1, 2011, unless it is a health care power of attorney;

(3) this part applies to a judicial proceeding concerning a power of attorney commenced before October 1, 2011, unless the court finds that application of a provision of this part would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and

(4) an act done before October 1, 2011, is not affected by this part.

History: En. Sec. 48, Ch. 109, L. 2011.