Power of attorney for disabled principal: Power not terminated by death, disability or incompetence of principal; affidavit of attorney-in-fact or agent as evidence of nonrevocation or nontermination.
1. The death, disability or incompetence of any principal who has executed a power of attorney in writing other than a power as described by NRS 111.460 does not revoke or terminate the agency as to the attorney-in-fact, agent or other person who, without actual knowledge of the death, disability or incompetence of the principal, acts in good faith under the power of attorney or agency. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his heirs, devisees and personal representatives.
2. An affidavit, executed by the attorney-in-fact or agent, stating that he did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death, disability or incompetence is, in the absence of a showing of fraud or bad faith, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable.
3. This section does not alter or affect any provision for revocation or termination contained in the power of attorney.
Last modified: February 27, 2006