The authority of an agent under a power of attorney terminates upon the occurrence of any of the following:
The principal dies.
The principal or the court revokes the power of attorney.
The agent dies, becomes financially incapable or incapacitated or resigns.
The power of attorney by its terms provides that the power of attorney terminates.
An action is filed for the dissolution or annulment of the principal’s marriage or registered domestic partnership to the agent, or for the separation of the principal and agent, unless otherwise provided by terms of the power of attorney, agreement of the parties or order of the court.
A court may order that a power of attorney is revoked upon appointment by the court of a conservator for the principal.
The death of a principal who has executed a power of attorney in writing, or the occurrence of any other event that would otherwise terminate the authority of the agent, does not revoke or terminate the authority of an agent who, without actual knowledge of the death of the principal or other event, acts in good faith under the power of attorney. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and heirs, devisees and personal representatives of the principal.
An affidavit executed by an agent that states that the agent did not have, at the time of doing an act under the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death or other event, is, in the absence of fraud, 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 that is recordable, the affidavit may also be recorded.
This section does not alter or affect any provision for revocation or termination contained in the power of attorney. [Formerly 126.413; 2009 c.46 §3; 2021 c.272 §4]