10-6B-3. Applicability.
The only printed version. Current through: Including Acts of the 2025 Regular Session of the General Assembly.
This chapter shall apply to all powers of attorney except:
(1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(2) A power to make health care decisions, including, but not limited to, mental health care decisions;
(3) Any delegation of voting, management, or similar rights related to the governance or administration of an entity or business, including, but not limited to, delegation of voting or management rights;
(4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose;
(5) A power created by a person other than an individual;
(6) A power that grants authority with respect to a single transaction or series of related transactions involving real estate;
(7) A power given to a transfer agent to facilitate a specific transfer or disposition of one or more identified stocks, bonds, or other financial instruments;
(8) A power authorizing a financial institution or broker-dealer, or an employee of the financial institution or broker-dealer, to act as agent for the account owner in executing trades or transfers of cash, securities, commodities, or other financial assets in the regular course of business;
(9) Any delegation of authority by a personal representative, trustee, or trust director that is expressly provided for under a will or trust instrument or under Title 53, including, but not limited to, paragraph (2) of subsection (a) of Code Section 53-7-5, paragraph (1) of Code Section 53-12-204, Code Section 53-12-345, and subsection (f) of Code Section 53-12-503;
(10) Powers of attorney provided for under Titles 19 and 33; and
(11) As set forth in Code Section 10-6B-81.