18 Guam Code Ann. § 21503
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Terms Used In 18 Guam Code Ann. § 21503
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(a) If, following execution of a durable power of attorney, a court of the principal’s domicile appoints a guardian of the property, or other fiduciary charged with the management of all of the principal’s property except specified exclusions, the attorney-in-fact is accountable to the fiduciary as well as to the principal. The fiduciary has the power to revoke or amend the power of attorney that the principal would have had if the principal were not disabled or incapacitated.
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18 Guam Code Ann. BUSINESS STRUCTURE & FUNCTION
CH.21 PARTICULAR AGENCIES
(b) A principal may nominate, by a durable power of attorney, the guardian of the principal’s property, or guardian of the principal’s person for consideration by the court if protective proceedings for the principal’s person or property are thereafter commenced. The court shall make its appointment in accordance with the principal’s most recent nomination in a durable power of attorney except for good cause or disqualification.