Revocation of General Durable Power of Attorney
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE NEW HAMPSHIRE REVISED STATUTES
REVOCATION OF DURABLE POWER OF ATTORNEY
(CHAPTER 506)
506:6:
I. The subsequent disability or incompetence
of a principal shall not revoke or terminate the authority of an agent
who acts under a power of attorney in a writing executed by such principal
which contains the words "This power of attorney shall not be affected by the subsequent disability or incompetence of
the principal' or words of similar import showing the intent of such principal
that the authority conferred shall be exercisable notwithstanding his subsequent
disability or incompetence.
II. All acts done by an agent under a power granted under paragraph
I during any period of disability or incompetence of the principal or uncertainty
as to whether the principal is dead or alive shall have the same effect
and inure to the benefit of and bind a principal and his distributees,
devisees, legatees, and personal representatives as if such principal were
alive, competent, and not disabled. If a guardian or conservator subsequently
is appointed for the principal, such agent, during the continuance of the
appointment, shall account to the guardian or conservator rather than to
the principal. The guardian or conservator shall have the same power the
principal would have had if he were not disabled or incompetent to revoke,
suspend, or terminate all or any part of such power of attorney.
III. The death, disability, or incompetence of any principal who
has executed a power of attorney in writing other than a power as described
by RSA 506:6, I, does not revoke or terminate the agency as to the attorney
in fact, agent, or other person who, without actual knowledge of the death,
disability, or incompetence of the principal, acts in good faith under
the power of attorney or agency. Any action so taken, unless otherwise
invalid or unenforceable, binds the principal and his heirs, devisees,
and personal representatives. An affidavit, executed by the attorney in
fact or agent stating that he did not have, at the time of doing an act
pursuant to the power of attorney, actual knowledge of the revocation or
termination of the power of attorney by death, disability, or incompetence,
is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the
power requires execution and delivery of any instrument which is recordable,
the affidavit when authenticated for record is likewise recordable. This
paragraph shall not be construed to alter or affect any provision for revocation
or termination contained in the power of attorney.
IV. A durable power of attorney shall be executed in accordance
with the requirements of RSA 477:9.
V. An attorney in fact is not authorized to make gifts to the attorney
in fact or to others unless the durable power of attorney explicitly authorizes
such gifts.
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