26-106 - Claims and litigation.
§ 26-106. Claims and litigation.
Unless the power of attorney otherwise provides, language in a power ofattorney granting general authority with respect to claims and litigationauthorizes the agent to:
1. Assert and maintain before a court or administrative agency a claim, claimfor relief, cause of action, counterclaim, offset, recoupment, or defense,including an action to recover property or other thing of value, recoverdamages sustained by the principal, eliminate or modify tax liability, orseek an injunction, specific performance, or other relief;
2. Bring an action to determine adverse claims or intervene or otherwiseparticipate in litigation;
3. Seek an attachment, garnishment, order of arrest, or other preliminary,provisional, or intermediate relief and use an available procedure to effector satisfy a judgment, order, or decree;
4. Make or accept a tender, offer of judgment, or admission of facts, submita controversy on an agreed statement of facts, consent to examination, andbind the principal in litigation;
5. Submit to alternative dispute resolution, settle, and propose or accept acompromise;
6. Waive the issuance and service of process upon the principal, acceptservice of process, appear for the principal, designate persons upon whichprocess directed to the principal may be served, execute and file or deliverstipulations on the principal's behalf, verify pleadings, seek appellatereview, procure and give surety and indemnity bonds, contract and pay for thepreparation and printing of records and briefs, receive, execute, and file ordeliver a consent, waiver, release, confession of judgment, satisfaction ofjudgment, notice, agreement, or other instrument in connection with theprosecution, settlement, or defense of a claim or litigation;
7. Act for the principal with respect to bankruptcy or insolvency, whethervoluntary or involuntary, concerning the principal or some other person, orwith respect to a reorganization, receivership, or application for theappointment of a receiver or trustee that affects an interest of theprincipal in property or other thing of value;
8. Pay a judgment, award, or order against the principal or a settlement madein connection with a claim or litigation; and
9. Receive money or other thing of value paid in settlement of or as proceedsof a claim or litigation.
(2010, cc. 455, 632.)