Sec. 13.26.625. Powers of attorney not revoked until notice of death or incapacity.

204 words·~1 min read·/ak/title-13/chapter-26/13-26-625

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The death or incapacity of a principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the agent or other person who, without actual knowledge of the death or incapacity of the principal, acts in good faith under the power of attorney. Action so taken, unless otherwise invalid or unenforceable, binds the principal and the heirs, devisees, and personal representatives of the principal.

(b)An affidavit executed by the agent stating that the agent did not have, at the time of doing an act under the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death or incapacity, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power of attorney at that time. If the exercise of the power of attorney requires execution and delivery of an instrument that is recordable, the affidavit when authenticated for record is likewise recordable.

(c)A special power of attorney created before September 4, 1988, shall be construed to grant the agent the powers set out in that special power of attorney.