/* 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. */