2019 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 49. Durable Powers of Attorney
§ 4905 Exercise of power after revocation.

Universal Citation: 12 DE Code § 4905 (2019)

As to acts undertaken in good faith reliance thereon, an affidavit executed by the agent under a power of attorney, durable or otherwise, stating that the agent did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal’s death, disability or incapacity is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This section does not affect any provision in a power of attorney for its termination by expiration of time, the occurrence of an event other than an expressed revocation or a change in the principal’s capacity.

63 Del. Laws, c. 267, § 1; 70 Del Laws, c. 186, § 1; 77 Del. Laws, c. 467, § 1.

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