Section 5-1501A. Power of attorney not affected by incapacity  


Latest version.
  • 1. A power of
      attorney  is  durable unless it expressly provides that it is terminated
      by the incapacity of the principal.
        2. The subsequent incapacity  of  a  principal  shall  not  revoke  or
      terminate  the  authority  of an agent who acts under a durable power of
      attorney. All acts done during any period of the principal's  incapacity
      by  an agent pursuant to a durable power of attorney shall have the same
      effect and inure to the benefit of and bind a principal and his  or  her
      distributees, devisees, legatees and personal representatives as if such
      principal  had  capacity. If a guardian is thereafter appointed for such
      principal, such agent, during the continuance of the appointment,  shall
      account to the guardian rather than to such principal.