§ 4042. Claims and litigation
Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to claims and litigation authorizes the agent to:
(1) assert and maintain before a court or administrative agency a claim, claim for relief,
cause of action, counterclaim, offset, recoupment, or defense, including an action
to recover property or other thing of value, recover damages sustained by the principal,
eliminate or modify tax liability, or seek an injunction, specific performance, or
other relief;
(2) bring an action to determine adverse claims or intervene or otherwise participate
in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional,
or intermediate relief and use an available procedure to effect or satisfy a judgment,
order, or decree;
(4) make or accept a tender, offer of judgment, or admission of facts; submit a controversy
on an agreed statement of facts; consent to examination; and bind the principal in
litigation;
(5) submit to alternative dispute resolution, settle, and propose or accept a compromise;
(6) waive the issuance and service of process upon the principal; accept service of process;
appear for the principal; designate persons upon which process directed to the principal
may be served; execute and file or deliver stipulations on the principal’s behalf;
verify pleadings; seek appellate review; procure and give surety and indemnity bonds;
contract and pay for the preparation and printing of records and briefs; and receive,
execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction
of judgment, notice, agreement, or other instrument in connection with the prosecution,
settlement, or defense of a claim or litigation;
(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary
or involuntary, concerning the principal or some other person, or with respect to
a reorganization, receivership, or application for the appointment of a receiver or
trustee that affects an interest of the principal in property or other thing of value;
(8) pay a judgment, award, or order against the principal or a settlement made in connection
with a claim or litigation; and
(9) receive money or other thing of value paid in settlement of or as proceeds of a claim
or litigation. (Added 2023, No. 60, § 1, eff. July 1, 2023.)