Section 21-2084 - Power of attorney not revoked until notice

Power of attorney not revoked until notice

(a) The death of a principal who has executed a power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest of the principal.

(b) The incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his successors in interest.

CREDIT(S)

(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 21-2084.
Legislative History of Laws
For legislative history of D.C. Law 6-204, see Historical and Statutory Notes following § 21-2001.
Uniform Law
This section is based upon § 4 of the Uniform Durable Power of Attorney Act. See 8A Uniform Laws Annotated, Master Edition, or ULA Database on WESTLAW.

Current through September 13, 2012