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§58-1075.
§58-1075.
A. Death of the principal revokes and terminates the power of
attorney, provided however, the death of a principal who has executed
a written 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 disability or 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.
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