34-12D-4. Multiple documents--Resolving conflicts--Participation by attorney in fact.
If an individual has executed both a declaration and a durable power of attorney, the later executed document shall control to the extent that its provisions conflict with the provisions of the earlier executed document. However, nothing in this chapter may be construed to create a presumption that an attorney in fact may not participate in the implementation of a declaration.
Source: SL 1991, ch 273, §4.