§ 1261. Short title
This chapter may be cited as the “Uniform Durable Power of Attorney Act”.
§ 1262. 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 lapse of time” or “This power of attorney shall become […]
§ 1263. 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 shall 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.
§ 1264. 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 shall be accountable to the fiduciary as […]
§ 1265. Power of attorney not revoked until notice
(a) The death of a principal who has executed a written power of attorney, durable or otherwise, shall 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 […]
§ 1266. 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, […]
§ 1267. Uniformity of application and construction
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states and territories enacting it.