What is the Uniform Power of Attorney Act?
The Uniform Power of Attorney Act
has been adopted by all States except Louisiana. The Act is intended to make
the law concerning powers of attorney uniform from State to State. It specifies how a power of attorney is
created and provides safeguards for the principal, agent and entities relying
on a power of attorney. Some States may
have modified some provisions of the Act, and case law may vary between States,
so it is important that you consult an attorney familiar with the law in your
State. Nevertheless, most of what
follows is applicable to States other than Montana. If you have questions about your power of
attorney, contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com.
When Does the Act Apply?
The Act applies to powers of
attorney signed after the date your State adopted the Act. Montana enacted the Act on October 1,
2011. It applies to powers of attorney
signed in your State or that expressly provide that your State's law is to be
used to interpret the power of attorney or the agent’s powers.
A power of attorney that was
valid before your State adopted the Act is still valid under the new law. A power of attorney signed and valid in
another State and a valid military power of attorney are valid in your
State. Contact Thomas T. Tornow, P.C. at
http://www.tornowlaw.com to have your power
of attorney reviewed by to insure it meets your present and future needs.
The Act expressly provides that
it does not override other laws applicable to financial institutions or other
entities; nor do the remedies under the Act exclude any other remedy available
at law or in equity. If you have any
questions about how your power of attorney applies to financial institutions,
other businesses or your remedies at law or in equity, contact Thomas T.
Tornow, P.C. at http://www.tornowlaw.com.
By: Thomas T. Tornow
Thomas T. Tornow, P.C.
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