Power of attorney for disabled principal: Execution; actions binding; accounting to guardian. Whenever a principal designates another his attorney-in-fact or agent by a power of attorney in writing and the writing contains the words “This power of attorney is not affected by disability of the principal,” or “This power of attorney becomes effective upon the disability of the principal,” or similar words showing the intent of the principal that the authority conferred may be exercised notwithstanding his disability, the authority of the attorney-in-fact or agent may be exercised by him as provided in the power on behalf of the principal notwithstanding later disability or incapacity of the principal at law or later uncertainty whether the principal is dead or alive. All acts done by the attorney-in-fact or agent pursuant to the power during any period of disability or incompetence or uncertainty whether the principal is dead or alive have the same effect and inure to the benefit of and bind the principal or his guardian or heirs, devisees and personal representative as if the principal were alive, competent and not disabled. If a guardian thereafter is appointed for the principal, the attorney-in-fact or agent, during the continuance of the appointment shall account to the guardian rather than the principal. The guardian has the same power the principal would have had if he were not disabled or incompetent, to revoke, suspend or terminate all or any part of the power of attorney or agency.
Last modified: February 27, 2006