As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he 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 or occurrence of an event other than express revocation or a change in the principal’s capacity.
Miss. Code Ann. § 87-3-113
Proof of continuance of durable and other powers of attorney by affidavit
Applied in 1 court decision — leading case 726 So. 2d 1258 - Turnley v. Turnley (1998)
Most recently applied in 726 So. 2d 1258 - Turnley v. Turnley (December 1998)
Laws, 1994, ch. 336, § 5, eff from and after July 1, 1994.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.