Section 15-14-706 - Validity of power of attorney(1) A power of attorney executed in this state on or after January 1, 2010, is valid if its execution complies with section 15-14-705.(2) A power of attorney executed in this state before January 1, 2010, is valid if its execution complied with the law of this state as it existed at the time of execution.(2.5) It shall not be inferred from the portion of the definition of "incapacity" in section 15-14-702(5)(b) that an individual who is either incarcerated in a penal system or otherwise detained or outside of the United States and unable to return lacks the capacity to execute a power of attorney as a consequence of such detention or inability to return.(3) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with: (a) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 15-14-707; or(b) The requirements for a military power of attorney pursuant to 10 U.S.C. sec. 1044b, as amended.(4) Except as otherwise provided by statute other than this part 7, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. Nothing in this subsection (4) shall preclude a third party relying upon a power of attorney from requesting the original document.L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 386, §1, effective April 9.OFFICIAL COMMENT
One of the purposes of the Uniform Power of Attorney Act is promotion of the portability and use of powers of attorney. Section 15-14-706 makes clear that the Act does not affect the validity of pre-existing powers of attorney executed under prior law in the enacting jurisdiction, powers of attorney validly created under the law of another jurisdiction, and military powers of attorney. While the effect of this section is to recognize the validity of powers of attorney created under other law, it does not abrogate the traditional grounds for contesting the validity of execution such as forgery, fraud, or undue influence.
This section also provides that unless another law in the jurisdiction requires presentation of the original power of attorney, a photocopy or electronically transmitted copy has the same effect as the original. An example of another law that might require presentation of the original power of attorney is the jurisdiction's recording act. See, e.g., Restatement (Third) of Property (Wills & Don. Trans.) § 6.3 cmt. e (2003) (noting that in order to record a deed, "some states require that the document of transfer be signed, sealed, attested, and acknowledged").