Power of attorney not revoked until notice

1. Law
2. District of Columbia Code
3. Fiduciary Relations and Persons with Mental Illness. [Enacted title]
4. Guardianship, Protective Proceedings, and Durable Power of Attorney
5. Durable Power of Attorney
6. Power of attorney not revoked until notice

(a) The death of a principal who has executed a power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest of the principal.

(b) The incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his successors in interest.

(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)

Prior Codifications

1981 Ed., § 21-2084.

Editor's Notes

Uniform Law: This section is based upon § 4 of the Uniform Durable Power of Attorney Act.

Download our app to see the most-to-date content.