§39-4-5 Proof of continuance of durable and other powers of attorney by affidavit. - West-virginia Statutes

State Codes and Statutes

Statutes > West-virginia > 39 > 39-4-5

§39-4-5. 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 the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. Any bona fide purchaser for value who purchases property from an attorney in fact who acts under a power of attorney specifying that the power shall become effective upon the disability, incompetence or incapacity of the principal or similar words is under no duty to ascertain whether the principal was or is, in fact disabled, incompetent or incapacitated at the time of the contract of sale or the actual transfer of the property, and such right, title and interest as such purchaser may acquire shall not be affected by the principal's ability, competency or capacity or lack thereof. 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 capacity.

State Codes and Statutes

Statutes > West-virginia > 39 > 39-4-5

§39-4-5. 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 the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. Any bona fide purchaser for value who purchases property from an attorney in fact who acts under a power of attorney specifying that the power shall become effective upon the disability, incompetence or incapacity of the principal or similar words is under no duty to ascertain whether the principal was or is, in fact disabled, incompetent or incapacitated at the time of the contract of sale or the actual transfer of the property, and such right, title and interest as such purchaser may acquire shall not be affected by the principal's ability, competency or capacity or lack thereof. 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 capacity.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > West-virginia > 39 > 39-4-5

§39-4-5. 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 the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. Any bona fide purchaser for value who purchases property from an attorney in fact who acts under a power of attorney specifying that the power shall become effective upon the disability, incompetence or incapacity of the principal or similar words is under no duty to ascertain whether the principal was or is, in fact disabled, incompetent or incapacitated at the time of the contract of sale or the actual transfer of the property, and such right, title and interest as such purchaser may acquire shall not be affected by the principal's ability, competency or capacity or lack thereof. 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 capacity.