14-5505

14-5505. Continuance of durable powers of
attorney by affidavit

A. An affidavit executed by the agent under a durable power of attorney stating
that the agent 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 creates, in the
absence of fraud, a rebuttable presumption of the nonrevocation or nontermination of the
power at that time.

B. If the exercise of the power of attorney requires execution and delivery of any
instrument that is recordable, the affidavit when authenticated for purposes of recording
is also recordable.

C. 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's capacity.