Validity of power of attorney.

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(a) A power of attorney executed on or after the effective date of this article is valid if its execution complies with Section 62-8-105.

(b) A power of attorney executed before the effective date of this article is valid if its execution complied with the law of this State as it existed at the time of execution.

(c) A power of attorney executed other than in this State that is not otherwise valid under subsection (a) or (b) is valid in this State if, when the power of attorney was executed, the execution complied with the:

(1) law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section 62-8-107; or

(2) requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as amended.

(d) Except as otherwise provided by statute other than this part, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.

HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.


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