§ 4010. Termination of power of attorney or agent’s authority
(a) A power of attorney terminates when:
(1) the principal dies;
(2) the principal becomes incapacitated or unavailable, if the power of attorney is not
durable;
(3) the principal revokes the power of attorney;
(4) the power of attorney provides that it terminates;
(5) the purpose of the power of attorney is accomplished; or
(6) the principal revokes the agent’s authority or the agent dies, becomes incapacitated
or unavailable, or resigns, and the power of attorney does not provide for another
agent to act under the power of attorney.
(b) An agent’s authority terminates when:
(1) the principal revokes the authority;
(2) the agent dies, becomes incapacitated or unavailable, or resigns;
(3) a petition for divorce, annulment, separation, or a decree of nullity is filed with
respect to the agent’s marriage to the principal, unless the power of attorney otherwise
provides; or
(4) the power of attorney terminates.
(c) Unless the power of attorney otherwise provides, an agent’s authority is exercisable
until the authority terminates under subsection (b) of this section, notwithstanding
a lapse of time since the execution of the power of attorney.
(d) Termination of an agent’s authority or of a power of attorney is not effective as
to the agent or another person that, without actual knowledge of the termination,
acts in good faith under the power of attorney. An act so performed, unless otherwise
invalid or unenforceable, binds the principal and the principal’s successors in interest.
(e) Incapacity or unavailability of the principal of a power of attorney that is not durable
does not revoke or terminate the power of attorney as to an agent or other person
that, without actual knowledge of the incapacity or unavailability, acts in good faith
under the power of attorney. An act so performed, unless otherwise invalid or unenforceable,
binds the principal and the principal’s successors in interest.
(f) The execution of a power of attorney does not revoke a power of attorney previously
executed by the principal unless the subsequent power of attorney provides that the
previous power of attorney is revoked or that all other powers of attorney are revoked.
(g) The principal of a power of attorney may not revoke the power of attorney if the principal
has been determined to be incapacitated. (Added 2023, No. 60, § 1, eff. July 1, 2023.)