§ 34-22-6.1. When power of attorney not affected by incompetency. (a) Whenever a donor of a power of attorney designates another his or her attorney in fact or agent by a power of attorney in writing and the writing contains the words "This power of attorney shall not be affected by the incompetency of the donor", or "This power of attorney shall become effective upon the incompetency of the donor", or similar words showing the intent of the donor that the authority conferred is exercisable notwithstanding the donor's incompetency, the authority of the attorney in fact or agent is exercisable as provided in the power on behalf of the donor notwithstanding later incompetency of the donor at law or later uncertainty as to whether the donor is dead or alive, and unless it states a time of termination, the authority conferred remains exercisable notwithstanding the lapse of time since the execution of the instrument. All acts done by the attorney in fact or agent pursuant to the power during any period of incompetence or uncertainty as to whether the donor is dead or alive have the same effect and inure to the benefit of and bind the donor or the donor's heirs, devisees, and personal representative as if the donor were alive and competent. If a guardian or conservator subsequently is appointed for the donor, the attorney in fact or agent, during the continuance of the appointment, accounts to the guardian or conservator rather than the donor. The guardian or conservator has the same power the donor would have had if the donor were not incompetent to revoke, suspend, or terminate all or any part of the power of attorney or agency.
(b) Any person who acts in good faith reliance on a power of attorney, whether such power is authorized pursuant to subsection (a) of this section or is otherwise valid on its face, shall incur no liability as a result of acting in accordance with the instructions of the attorney in fact or agent.
History of Section. (P.L. 1983, ch. 322, § 1; P.L. 2000, ch. 342, § 1; P.L. 2005, ch. 124, § 1; P.L. 2005, ch. 133, § 1.)
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.