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This entry was published on 2014-09-22
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Power of attorney not affected by incapacity
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 15
§ 5-1501A. Power of attorney not affected by incapacity. 1. A power of
attorney is durable unless it expressly provides that it is terminated
by the incapacity of the principal.

2. The subsequent incapacity of a principal shall not revoke or
terminate the authority of an agent who acts under a durable power of
attorney. All acts done during any period of the principal's incapacity
by an agent pursuant to a durable power of attorney shall have the same
effect and inure to the benefit of and bind a principal and his or her
distributees, devisees, legatees and personal representatives as if such
principal had capacity. If a guardian is thereafter appointed for such
principal, such agent, during the continuance of the appointment, shall
account to the guardian rather than to such principal.