Legislation
SECTION 5-1501A
Power of attorney not affected by incapacity
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 15
§ 5-1501A. Power of attorney not affected by incapacity. 1. A power of
attorney is durable unless it expressly provides that it is terminated
by the incapacity of the principal.
2. The subsequent incapacity of a principal shall not revoke or
terminate the authority of an agent who acts under a durable power of
attorney. All acts done during any period of the principal's incapacity
by an agent pursuant to a durable power of attorney shall have the same
effect and inure to the benefit of and bind a principal and his or her
distributees, devisees, legatees and personal representatives as if such
principal had capacity. If a guardian is thereafter appointed for such
principal, such agent, during the continuance of the appointment, shall
account to the guardian rather than to such principal.
attorney is durable unless it expressly provides that it is terminated
by the incapacity of the principal.
2. The subsequent incapacity of a principal shall not revoke or
terminate the authority of an agent who acts under a durable power of
attorney. All acts done during any period of the principal's incapacity
by an agent pursuant to a durable power of attorney shall have the same
effect and inure to the benefit of and bind a principal and his or her
distributees, devisees, legatees and personal representatives as if such
principal had capacity. If a guardian is thereafter appointed for such
principal, such agent, during the continuance of the appointment, shall
account to the guardian rather than to such principal.