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- 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.
-
- 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.
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- 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.
-
-
- (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.
-
- 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.
-
-
- 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.
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