(1) A power of attorney executed in this state on or after January 1, 2010, is valid if its execution complies with section 15-14-705.
A power of attorney executed in this state before January 1, 2010, is valid if itsexecution complied with the law of this state as it existed at the time of execution.
(2.5) It shall not be inferred from the portion of the definition of "incapacity" in section 15-14-702 (5)(b) that an individual who is either incarcerated in a penal system or otherwise detained or outside of the United States and unable to return lacks the capacity to execute a power of attorney as a consequence of such detention or inability to return.
A power of attorney executed other than in this state is valid in this state if, when thepower of attorney was executed, the execution complied with:
The law of the jurisdiction that determines the meaning and effect of the power ofattorney pursuant to section 15-14-707; or
The requirements for a military power of attorney pursuant to 10 U.S.C. sec. 1044b,as amended.
(4) Except as otherwise provided by statute other than this part 7, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. Nothing in this subsection (4) shall preclude a third party relying upon a power of attorney from requesting the original document.
Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 386, § 1, effective April 9.