Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3-501
Effect of death upon power of attorney given by persons engaged in certain occupations
General Obligations (GOB) CHAPTER 24-A, ARTICLE 3, TITLE 5
§ 3-501. Effect of death upon power of attorney given by persons
engaged in certain occupations. 1. No agency created by a power of
attorney in writing given by a principal who is at the time of
execution, or who, after executing such power of attorney, becomes,
either

a. a person serving in the armed forces of the United States, or

b. a person serving as a merchant seaman outside the continental
limits of the United States; or

c. a person outside such continental limits by permission, assignment
or direction of any department or official of the United States
government, in connection with any activity pertaining to or connected
with the prosecution of any war or any campaign of a military nature in
which the armed forces of the United States are participating or have
been ordered to participate;
shall be revoked or terminated by the death of the principal as to the
attorney-in-fact, agent or other person who, without actual knowledge or
actual notice of the death of the principal shall have acted or shall
act, in good faith, under or in reliance upon such power of attorney or
agency, and any action so taken, unless otherwise invalid or
unenforceable, shall be binding on the heirs, devisees, legatees or
personal representatives of the principal.

2. An affidavit, executed by the attorney-in-fact or agent, setting
forth that he has not or had not, at the time of doing any act pursuant
to the power of attorney, received actual knowledge or actual notice of
revocation or termination of the power of attorney, by death or
otherwise, or notice of any facts indicating the same, shall, in the
absence of fraud, be conclusive proof of the nonrevocation or
nontermination of the power at such time. If the exercise of the power
requires execution and delivery of any instrument which is recordable
under the laws of this state, such affidavit when authenticated for
record in the manner prescribed by law shall likewise be recordable.

3. No report or listing, either official or otherwise, of "missing" or
"missing in action", as such words are used in military parlance, shall
constitute or be interpreted as constituting actual knowledge or actual
notice of the death of such principal or notice of any facts indicating
the same, or shall operate to revoke the agency.

4. This section shall not be construed so as to alter or affect any
provision for revocation or termination contained in such power of
attorney.

5. If any provision of this section or the application thereof to any
person or circumstance be held invalid, such invalidity shall not affect
any other provision or application of the section which can be given
effect without the invalid provision or application, and to this end the
provisions of this section are declared to be severable.