Definitions - excluded powers.

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(1) (a) For purposes of sections 15-14-501 and 15-14-502, "power of attorney" means a power to make health care decisions granted by an individual.

(b) For purposes of section 15-14-502, "power of attorney" also includes a power or delegation that is:

  1. Excluded from the application of part 7 of this article pursuant to section 15-14-703;

  2. Not a power to make health care decisions; and

  3. Not effective without application of section 15-14-502.

(c) For purposes of this part 5 and part 6 of this article, "medical durable power of attorney" and "medical power of attorney" means a power to make health care decisions.

(2) A power and delegation that is excluded from the application of part 7 of this article by section 15-14-703, other than a power to make health care decisions, may be exercised during the incapacity of the principal to the extent provided in the power or delegation or by applicable principles of law and equity.

Source: L. 2009: Entire section added, (HB 09-1198), ch. 106, p. 421, § 6, effective January 1, 2010.


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