Section 3-501. Effect of death upon power of attorney given by persons engaged in certain occupations  


Latest version.
  • 1. No  agency  created  by  a  power  of  attorney  in  writing  given  by  a  principal  who  is  at  the time of
      execution, or who, after executing  such  power  of  attorney,  becomes,
      either
        a. a person serving in the armed forces of the United States, or
        b.  a  person  serving  as  a  merchant seaman outside the continental
      limits of the United States; or
        c. a person outside such continental limits by permission,  assignment
      or  direction  of  any  department  or  official  of  the  United States
      government, in connection with any activity pertaining to  or  connected
      with  the prosecution of any war or any campaign of a military nature in
      which the armed forces of the United States are  participating  or  have
      been ordered to participate;
      shall  be  revoked or terminated by the death of the principal as to the
      attorney-in-fact, agent or other person who, without actual knowledge or
      actual notice of the death of the principal shall have  acted  or  shall
      act,  in good faith, under or in reliance upon such power of attorney or
      agency,  and  any  action  so  taken,  unless   otherwise   invalid   or
      unenforceable,  shall  be  binding  on  the heirs, devisees, legatees or
      personal representatives of the principal.
        2. An affidavit, executed by the attorney-in-fact  or  agent,  setting
      forth  that he has not or had not, at the time of doing any act pursuant
      to the power of attorney, received actual knowledge or actual notice  of
      revocation  or  termination  of  the  power  of  attorney,  by  death or
      otherwise, or notice of any facts indicating the  same,  shall,  in  the
      absence   of   fraud,  be  conclusive  proof  of  the  nonrevocation  or
      nontermination of the power at such time. If the exercise of  the  power
      requires  execution  and  delivery of any instrument which is recordable
      under the laws of this state,  such  affidavit  when  authenticated  for
      record in the manner prescribed by law shall likewise be recordable.
        3. No report or listing, either official or otherwise, of "missing" or
      "missing  in action", as such words are used in military parlance, shall
      constitute or be interpreted as constituting actual knowledge or  actual
      notice  of the death of such principal or notice of any facts indicating
      the same, or shall operate to revoke the agency.
        4. This section shall not be construed so as to alter  or  affect  any
      provision  for  revocation  or  termination  contained  in such power of
      attorney.
        5. If any provision of this section or the application thereof to  any
      person or circumstance be held invalid, such invalidity shall not affect
      any  other  provision  or  application of the section which can be given
      effect without the invalid provision or application, and to this end the
      provisions of this section are declared to be severable.