36-3223. Agents; powers and duties; removal;
responsibility; fiduciaries
A. The individual designated in a health care power of attorney to make health care
decisions is an agent entitled to make and communicate these decisions while the
principal is unable to do so.
B. An agent's authority to make health care decisions on behalf of the principal is
limited only by the express language of the health care power of attorney or by court
order as prescribed under section 36-3206.
C. The appointment of a person to act as an agent is effective until that authority
is revoked by the principal or by court order.
D. A person whose license as a fiduciary has been suspended or revoked pursuant to
section 14-5651 may not serve as an agent under a power of attorney in any capacity
unless the person is related to the principal by blood, adoption or marriage. This
prohibition does not apply if the person's license has been reinstated and is in good
standing.
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