15-12-204. REAL PROPERTY. Unless a power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:
(1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit or otherwise acquire or reject an interest in real property or a right incident to real property;
(2) Sell; exchange; convey with or without covenants, representations or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning, rezoning or other governmental permits; plat or consent to platting; develop; grant options concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;
(3) Pledge or mortgage an interest in real property or right incident to real property as security in order to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) Release, assign, satisfy or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien or other claim to real property which exists or is asserted;
(5) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:
(a) Insuring against liability, or casualty or other loss;
(b) Obtaining or regaining possession or protecting the interest or right by litigation or otherwise;
(c) Paying, assessing, compromising or contesting taxes or assessments or applying for and receiving refunds in connection with them; and
(d) Purchasing supplies, hiring assistance or labor and making repairs or alterations to the real property;
(6) Use, develop, alter, replace, remove, erect or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;
(7) Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive and hold stocks and bonds or other property received in a plan of reorganization, and act with respect to them, including:
(a) Selling or otherwise disposing of them;
(b) Exercising or selling an option, conversion, or similar right with respect to them; and
(c) Exercising any voting rights in person or by proxy;
(8) Change the form of title of an interest in or right incident to real property; and
(9) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
History:
[15-12-204, added 2008, ch. 186, sec. 2, p. 570.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 12 - UNIFORM POWER OF ATTORNEY ACT
Section 15-12-201 - AUTHORITY THAT REQUIRES SPECIFIC GRANT — GRANT OF GENERAL AUTHORITY.
Section 15-12-202 - INCORPORATION OF AUTHORITY.
Section 15-12-203 - CONSTRUCTION OF AUTHORITY GENERALLY.
Section 15-12-204 - REAL PROPERTY.
Section 15-12-205 - TANGIBLE PERSONAL PROPERTY.
Section 15-12-206 - STOCKS AND BONDS.
Section 15-12-207 - COMMODITIES AND OPTIONS.
Section 15-12-208 - BANKS AND OTHER FINANCIAL INSTITUTIONS.
Section 15-12-209 - OPERATION OF AN ENTITY OR BUSINESS.
Section 15-12-210 - INSURANCE AND ANNUITIES.
Section 15-12-211 - ESTATES, TRUSTS AND OTHER BENEFICIAL INTERESTS.
Section 15-12-212 - CLAIMS AND LITIGATION.
Section 15-12-213 - PERSONAL AND FAMILY MAINTENANCE.
Section 15-12-214 - BENEFITS FROM GOVERNMENTAL PROGRAMS OR CIVIL OR MILITARY SERVICE.