Construction of power relating to tangible personal property transactions.

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CONSTRUCTION OF POWER RELATING TO

TANGIBLE PERSONAL PROPERTY TRANSACTIONS

In a statutory power of attorney, the language granting power with respect to tangible personal property transactions empowers the agent to:

1. Accept as a gift or as security for a loan, reject, demand, buy, receive, or otherwise acquire ownership or possession of tangible personal property or an interest in tangible personal property;

2. Sell, exchange, convey with or without covenants, release, surrender, mortgage, encumber, pledge, hypothecate, create a security interest in, pawn, grant options concerning, lease, sublease to others, or otherwise dispose of tangible personal property or an interest in tangible personal property;

3. Release, assign, satisfy, or enforce by litigation or otherwise, a mortgage, security interest, encumbrance, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property; and

4. Do an act of management or conservation with respect to tangible personal property or an interest in tangible personal property on behalf of the principal, including:

  • a.insuring against casualty, liability, or loss,
  • b.obtaining or regaining possession, or protecting the property or interest, by litigation or otherwise,
  • c.paying, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments,
  • d.moving from place to place,
  • e.storing for hire or on a gratuitous bailment, and
  • f.using, altering, and making repairs or alterations.

Added by Laws 1998, c. 420, § 7, eff. Nov. 1, 1998.


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