10-6B-52. Personal and family maintenance.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance shall authorize the agent to:#

1. (1)

   Perform the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse, and the following individuals, whether living when the power of attorney is executed or later born:#

   1. (A)

      The principal’s minor children;#

   2. (B)

      The principal’s adult children who are pursuing a postsecondary school education and are under 25 years of age;#

   3. (C)

      The principal’s parents or the parents of the principal’s spouse, if the principal had established a pattern of such payments or indicated a clear intent to make such payments;#

   4. (D)

      The principal’s minor descendants who are not also the principal’s children, if the principal had established a pattern of such payments or indicated a clear intent to make such payments;#

   5. (E)

      The principal’s adult descendants who are under 25 years of age, not the principal’s children, and pursuing a postsecondary school education, if the principal had established a pattern of such payments or indicated a clear intent to make such payments; and#

   6. (F)

      Any other individuals legally entitled to be supported by the principal;#

2. (2)

   Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;#

3. (3)

   Provide living quarters for the individuals described in paragraph (1) of this subsection by:#

   1. (A)

      Purchase, lease, or other contract; or#

   2. (B)

      Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;#

4. (4)

   Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for individuals described in paragraph (1) of this subsection to enable such individuals to maintain their customary standard of living;#

5. (5)

   Pay expenses for necessary health care and custodial care on behalf of the individuals described in paragraph (1) of this subsection;#

6. (6)

   Act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, in effect on February 1, 2018, and applicable regulations in effect on February 1, 2018, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the laws of this state to consent to health care on behalf of the principal;#

7. (7)

   Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in paragraph (1) of this subsection;#

8. (8)

   Maintain credit and debit accounts for the convenience of the individuals described in paragraph (1) of this subsection and open new accounts; and#

9. (9)

   Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.#

Authority with respect to personal and family maintenance shall be neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.#