US Laws, Codes, Statutes & Cases

45-5-504. Power of attorney not revoked until notice.

A.     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 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 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.   

C.     The mere disability, as opposed to incapacity, of a principal who has executed a power of attorney, durable or otherwise, does not revoke or terminate the agency.