Effect on existing powers of attorney

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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of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and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.


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