Chapter 124

2005 -- S 0431

Enacted 7/01/05

A N A C T

RELATING TO PROPERTY -- POWERS

Introduced By: Senator F Caprio

Date Introduced: February 10, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-22-6.1 of the General Laws in Chapter 34-22 entitled "Powers"

is hereby amended to read as follows:

34-22-6.1. When power of attorney not affected by incompetency. – (a)Whenever a

donor of a power of attorney designates another his or her attorney in fact or agent by a power of

attorney in writing and the writing contains the words "This power of attorney shall not be

affected by the incompetency of the donor", or "This power of attorney shall become effective

upon the incompetency of the donor", or similar words showing the intent of the donor that the

authority conferred is exercisable notwithstanding the donor's incompetency, the authority of the

attorney in fact or agent is exercisable as provided in the power on behalf of the donor

notwithstanding later incompetency of the donor at law or later uncertainty as to whether the

donor is dead or alive, and unless it states a time of termination, the authority conferred remains

exercisable notwithstanding the lapse of time since the execution of the instrument. All acts done

by the attorney in fact or agent pursuant to the power during any period of incompetence or

uncertainty as to whether the donor is dead or alive have the same effect and inure to the benefit

of and bind the donor or the donor's heirs, devisees, and personal representative as if the donor

were alive and competent. If a guardian or conservator subsequently is appointed for the donor,

the attorney in fact or agent, during the continuance of the appointment, accounts to the guardian

or conservator rather than the donor. The guardian or conservator has the same power the donor

would have had if the donor were not incompetent to revoke, suspend, or terminate all or any part

of the power of attorney or agency.

(b) Any person who acts in good faith reliance on a power of attorney, whether such

power is authorized pursuant to subsection (a) of this section or is otherwise valid on its face,

shall incur no liability as a result of acting in accordance with the instructions of the attorney in

fact or agent.

     SECTION 2. This act shall take effect upon passage.     

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LC01351

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