/* Here's the full text of the Uniform Durable Power of Attorney

Act. This act defines what a "Durable" power of attorney is. */

Section 1. Definition. A durable power of attorney is a power of

attorney by which a principal designates another his attorney in

fact in writing and the writing contains the words "This power of

attorney shall not be affected by subsequent disability or

incapacity of the principal," or "This power of attorney shall

become effective upon the disability or incapacity of the

principal," or similar words showing the intent of the principal

that the authority conferred shall be exercisable notwithstanding

the principal's subsequent disability or incapacity.

/* It is very important for everyone to see that there are TWO

different types of durable powers of attorneys. The first is a

power of attorney that goes into effect at the same time that it

is signed. The other is a power of attorney that "springs into

effect" when a person becomes disabled. In other words, the

principal does not give up any control of their affairs until and

unless they become disabled. In other words, you never give up

control to the person designated as the attorney until you are

unable to handle your own affairs. */

Section 2. Durable Power of Attorney Not Affected by Disability.

All acts done by an attorney in fact pursuant to a durable power

of attorney during any period of disability or incapacity of the

principal have the same effect and inure to the benefit of and

bind the principal and his successors in interest as if the

principal were competent and not disabled.

/* In a standard power of attorney, the law provides that the

power is automatically revoked upon the disability of the

principal. Most people do not need an "attorney" to handles their

business for them, EXCEPT when they are disabled. Therefore, this

act. */

Section 3. Relation of Attorney in Fact to Court-appointed

Fiduciary. (a) If, following execution of a durable power of

attorney, a court of the principal's domicile appoints a

conservator, guardian of the estate, or other fiduciary charged

with the management of all of the principal's property or all of

his property except specified exclusions, the attorney in fact is

accountable to the fiduciary as well as to the principal. The

fiduciary has the same power or revoke or amend the power of

attorney that the principal would have had if he were not

disabled or incapacitated.

/* This section provides that if a court takes over a persons

affairs that the court appointed person can affirm or revoke the

power of attorney. This gives the Court the ultimate authority.

*/

(b) A principal may nominate, by a durable power of attorney, the

conservator, guardian of his estate, or guardian of his person,

for consideration by the court if protective proceedings for the p73 principal's person or estate are thereafter commenced. The court

shall make its appointment with the principal's most recent

nomination in a durable power of attorney except for good cause

shown.

/* This section provides that you may specify who a court will

appoint if you become a ward of the court. */

Section 4. (a) The death of a principal who has executed a

written power of attorney, durable or otherwise, does not revoke

or terminate the agency as to the attorney in fact or other

person, who, without actual knowledge of the death of the

principal, acts in good faith under the power. Any action so

taken, unless otherwise invalid or unenforceable, binds

successors in interest to the principal.

(b) The disability or incapacity of a principal who has

previously executed a written power of attorney that is not a

durable power of attorney that is not a durable power does not

revoke or terminate the agency as to the attorney in fact or

other person, who, without actual knowledge of the disability or

incapacity of the principal, acts in good faith under the power.

Any action so taken, unless otherwise invalid or unenforceable,

binds the principal and his successors in interest.

Section 5. Proof of Continuance of Durable and Other Powers of

Attorney by Affidavit. As to acts undertaken in good faith

reliance thereon, an affidavit executed by the attorney in fact

under a power of attorney, durable or otherwise, stating that he

did not have at the time of exercise of the power actual

knowledge of the termination of the power by revocation or of the

principal's death, disability, or incapacity is conclusive proof

of the nonrevocation or nontermination of the power at that time.

If the exercise of that power of attorney requires execution and

delivery of any instrument that is recordable, the affidavit when

authenticated for record is likewise recordable. This section

does not affect any provision in a power of attorney for its

termination by expiration of time or occurrence of an event other

than express revocation or a change in the principal's capacity.

/* We have previously stated the common law rule that Powers of

Attorney are revoked by the death or incapacity of the principal.

That makes it difficult for person to engage in business

transactions with persons holding powers of attorney. This

portion of the Act says that if you get an affidavit, you are

okay. The document generator contains a form for this purpose. Of

course, if a power of attorney says that it is revoked after 30

days, no affidavit can extend its life beyond that time. */

Section 6. Uniformity of Application and Construction. This Act

shall be applied and construed to effectuate its general purpose

to make uniform the law with respect to the subject of this Act

among the states enacting it.

Section 7. Short title. This Act may be cited as the Uniform

Durable Power of Attorney Act.

/* The remainder of the act is housekeeping. */