75-5-502 - Other powers of attorney not revoked until notice of death or disability. - Utah Statutes

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75-5-502. Other powers of attorney not revoked until notice of death or disability.
(1) The death, disability, or incompetence of any principal who has executed a power ofattorney in writing other than a power as described by Section 75-5-501, does not revoke orterminate the agency as to the attorney-in-fact, agent, or other person who, without actualknowledge of the death, disability, or incompetence of the principal, acts in good faith under thepower of attorney or agency. Any action so taken, unless otherwise invalid or unenforceable,binds the principal and his heirs, devisees, and personal representatives. This power isexercisable notwithstanding the lapse of time since the execution of the instrument, unless theinstrument states a time of termination.
(2) An affidavit, executed by the attorney-in-fact or agent stating that he did not have, atthe time of doing an act pursuant to the power of attorney, actual knowledge of the revocation ortermination of the power of attorney by death, disability, or incompetence is, in the absence offraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If theexercise of the power requires execution and delivery of any instrument which is recordable, theaffidavit when authenticated for the record is likewise recordable.
(3) This section may not be construed to alter or affect any provision for revocation ortermination contained in the power of attorney. Notwithstanding any provision of the power ofattorney to the contrary, the power of attorney ends at death subject to the provisions of thissection.

Amended by Chapter 82, 1994 General Session

State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-05 > 75-5-502

75-5-502. Other powers of attorney not revoked until notice of death or disability.
(1) The death, disability, or incompetence of any principal who has executed a power ofattorney in writing other than a power as described by Section 75-5-501, does not revoke orterminate the agency as to the attorney-in-fact, agent, or other person who, without actualknowledge of the death, disability, or incompetence of the principal, acts in good faith under thepower of attorney or agency. Any action so taken, unless otherwise invalid or unenforceable,binds the principal and his heirs, devisees, and personal representatives. This power isexercisable notwithstanding the lapse of time since the execution of the instrument, unless theinstrument states a time of termination.
(2) An affidavit, executed by the attorney-in-fact or agent stating that he did not have, atthe time of doing an act pursuant to the power of attorney, actual knowledge of the revocation ortermination of the power of attorney by death, disability, or incompetence is, in the absence offraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If theexercise of the power requires execution and delivery of any instrument which is recordable, theaffidavit when authenticated for the record is likewise recordable.
(3) This section may not be construed to alter or affect any provision for revocation ortermination contained in the power of attorney. Notwithstanding any provision of the power ofattorney to the contrary, the power of attorney ends at death subject to the provisions of thissection.

Amended by Chapter 82, 1994 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-05 > 75-5-502

75-5-502. Other powers of attorney not revoked until notice of death or disability.
(1) The death, disability, or incompetence of any principal who has executed a power ofattorney in writing other than a power as described by Section 75-5-501, does not revoke orterminate the agency as to the attorney-in-fact, agent, or other person who, without actualknowledge of the death, disability, or incompetence of the principal, acts in good faith under thepower of attorney or agency. Any action so taken, unless otherwise invalid or unenforceable,binds the principal and his heirs, devisees, and personal representatives. This power isexercisable notwithstanding the lapse of time since the execution of the instrument, unless theinstrument states a time of termination.
(2) An affidavit, executed by the attorney-in-fact or agent stating that he did not have, atthe time of doing an act pursuant to the power of attorney, actual knowledge of the revocation ortermination of the power of attorney by death, disability, or incompetence is, in the absence offraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If theexercise of the power requires execution and delivery of any instrument which is recordable, theaffidavit when authenticated for the record is likewise recordable.
(3) This section may not be construed to alter or affect any provision for revocation ortermination contained in the power of attorney. Notwithstanding any provision of the power ofattorney to the contrary, the power of attorney ends at death subject to the provisions of thissection.

Amended by Chapter 82, 1994 General Session