§551D-5 - Proof of continuance of durable and other powers.
[§551D-5] Proof of continuance of durable
and other powers. 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 the attorney-in-fact 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. 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. [L 1989,
c 270, pt of §1]