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Chapter 5 - Durable Power Of Attorney

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CHAPTER 5 - DURABLE POWER OF ATTORNEY ARTICLE 1 - IN GENERAL 3-5-101.When power of attorney not affected by disability. (a)A person, known as the principal, may designate anotherperson to act as the attorney in fact or agent for the principal.The power ofattorney shall be in writing and shall state:(i)"This power of attorney shall not become ineffectiveby my disability"; or(ii)"This power of attorney shall become effective upon mydisability"; or(iii)Words showing the intent of the principal that theauthority conferred by his power of attorney instrument shall be exercisednotwithstanding his disability.(b)Subject to the restrictions in W.S. 35-22-403, theauthority of the attorney in fact or agent may be exercised by him on behalf ofthe principal according to the terms stated in the power of attorney instrumentnotwithstanding the subsequent disability or incapacity of the principal oruncertainty concerning whether the principal is alive or deceased. (c)All acts done by the attorney in fact or agent pursuant tothe power during any period of disability or incompetence or uncertainty as towhether the principal is dead or alive have the same effect and inure to thebenefit of and bind the principal or his heirs, devisees and personalrepresentative as if the principal were alive, competent and not disabled.Ifa conservator thereafter is appointed for the principal, the attorney in factor agent, during the continuance of the appointment, shall account to theconservator rather than the principal.The conservator has the same power theprincipal would have had if he were not disabled or incompetent to revoke,suspend or terminate all or any part of the power of attorney or agency. 3-5-102.Other powers of attorney not revoked until notice of deathor disability. (a)The death, disability or incompetence of any principal whohas executed a power of attorney in writing other than a power described byW.S. 3-5-101, does not revoke or terminate the agency as to the attorney infact, agent or other person who, without actual knowledge of the death,disability or incompetence of the principal, acts in good faith under the powerof attorney or agency.Any action so taken, unless otherwise invalid orunenforceable, binds the principal and his heirs, devisees and personalrepresentatives.(b)An affidavit executed by the attorney in fact or agentstating that at the time of doing an act pursuant to the power of attorney hedid not have actual knowledge of the revocation or termination of the power ofattorney by death, disability or incompetence, is, in the absence of fraud,conclusive proof of the nonrevocation or nontermination of the power at thattime.If the exercise of the power requires execution and delivery of any instrumentwhich is recordable, the affidavit when authenticated for record is likewiserecordable.(c)This section shall not be construed to alter or affect anyprovision for revocation or termination contained in the power of attorney. 3-5-103.Revocation of power of attorney by recordation.Unlessthe power of attorney otherwise specifically provides, any power of attorneyexecuted after the effective date of this act, including but not limited topowers of attorney described in W.S. 3-5-101 or 3-5-102, may be revoked byrecording an instrument of revocation with a true copy of the power of attorneyattached, in the office of the county clerk of the county in which theprincipal resides. Constructive notice of the revocation is given from andafter the date of recording the instrument of revocation. ARTICLE 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE 3-5-201.Repealed By Laws 2005, ch. 161, 3.3-5-202.Repealed By Laws 2005, ch. 161, 3.3-5-203.Repealed By Laws 2005, ch. 161, 3.3-5-204.Repealed By Laws 2005, ch. 161, 3.3-5-205.Repealed By Laws 2005, ch. 161, 3.3-5-206.Repealed By Laws 2005, ch. 161, 3. 3-5-207.Repealed By Laws 2005, ch. 161, 3.3-5-208.Repealed By Laws 2005, ch. 161, 3.3-5-209.Repealed By Laws 2005, ch. 161, 3.3-5-210.Repealed By Laws 2005, ch. 161, 3. 3-5-211.Repealed By Laws 2005, ch. 161, 3. 3-5-212.Repealed By Laws 2005, ch. 161, 3. 3-5-213.Repealed By Laws 2005, ch. 161, 3.
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  • CHAPTER 5 - DURABLE POWER OF ATTORNEY

     

    ARTICLE 1 - IN GENERAL

     

    3-5-101. When power of attorney not affected by disability.

     

    (a) A person, known as the principal, may designate anotherperson to act as the attorney in fact or agent for the principal. The power ofattorney shall be in writing and shall state:

     

    (i) "This power of attorney shall not become ineffectiveby my disability"; or

     

    (ii) "This power of attorney shall become effective upon mydisability"; or

     

    (iii) Words showing the intent of the principal that theauthority conferred by his power of attorney instrument shall be exercisednotwithstanding his disability.

     

    (b) Subject to the restrictions in W.S. 35-22-403, theauthority of the attorney in fact or agent may be exercised by him on behalf ofthe principal according to the terms stated in the power of attorney instrumentnotwithstanding the subsequent disability or incapacity of the principal oruncertainty concerning whether the principal is alive or deceased.

     

    (c) All acts done by the attorney in fact or agent pursuant tothe power during any period of disability or incompetence or uncertainty as towhether the principal is dead or alive have the same effect and inure to thebenefit of and bind the principal or his heirs, devisees and personalrepresentative as if the principal were alive, competent and not disabled. Ifa conservator thereafter is appointed for the principal, the attorney in factor agent, during the continuance of the appointment, shall account to theconservator rather than the principal. The conservator has the same power theprincipal would have had if he were not disabled or incompetent to revoke,suspend or terminate all or any part of the power of attorney or agency.

     

    3-5-102. Other powers of attorney not revoked until notice of deathor disability.

     

    (a) The death, disability or incompetence of any principal whohas executed a power of attorney in writing other than a power described byW.S. 3-5-101, does not revoke or terminate the agency as to the attorney infact, agent or other person who, without actual knowledge of the death,disability or incompetence of the principal, acts in good faith under the powerof attorney or agency. Any action so taken, unless otherwise invalid orunenforceable, binds the principal and his heirs, devisees and personalrepresentatives.

     

    (b) An affidavit executed by the attorney in fact or agentstating that at the time of doing an act pursuant to the power of attorney hedid not have actual knowledge of the revocation or termination of the power ofattorney by death, disability or incompetence, is, in the absence of fraud,conclusive proof of the nonrevocation or nontermination of the power at thattime. If the exercise of the power requires execution and delivery of any instrumentwhich is recordable, the affidavit when authenticated for record is likewiserecordable.

     

    (c) This section shall not be construed to alter or affect anyprovision for revocation or termination contained in the power of attorney.

     

    3-5-103. Revocation of power of attorney by recordation.

     

    Unlessthe power of attorney otherwise specifically provides, any power of attorneyexecuted after the effective date of this act, including but not limited topowers of attorney described in W.S. 3-5-101 or 3-5-102, may be revoked byrecording an instrument of revocation with a true copy of the power of attorneyattached, in the office of the county clerk of the county in which theprincipal resides. Constructive notice of the revocation is given from andafter the date of recording the instrument of revocation.

     

    ARTICLE 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE

     

    3-5-201. Repealed By Laws 2005, ch. 161, 3.

     

     

    3-5-202. Repealed By Laws 2005, ch. 161, 3.

     

     

    3-5-203. Repealed By Laws 2005, ch. 161, 3.

     

     

    3-5-204. Repealed By Laws 2005, ch. 161, 3.

     

     

    3-5-205. Repealed By Laws 2005, ch. 161, 3.

     

     

    3-5-206. Repealed By Laws 2005, ch. 161, 3.

     

    3-5-207. Repealed By Laws 2005, ch. 161, 3.

     

     

    3-5-208. Repealed By Laws 2005, ch. 161, 3.

     

     

    3-5-209. Repealed By Laws 2005, ch. 161, 3.

     

     

    3-5-210. Repealed By Laws 2005, ch. 161, 3.

     

    3-5-211. Repealed By Laws 2005, ch. 161, 3.

     

    3-5-212. Repealed By Laws 2005, ch. 161, 3.

     

    3-5-213. Repealed By Laws 2005, ch. 161, 3.

     

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