Durable power of attorney is defined in Section 386.093 of Title XXXIII, Chapter 386. It means a power of attorney by which a Principal designates another as the Principal’s attorney in fact in writing and the writing contains that this power of attorney will not be affected by subsequent disability or incapacity of the principal. Furthermore, under this Section the death of the principal who has executed a written power of attorney does not revoke or terminate the agency or the attorney in fact without actual knowledge of the death of the principal acts in good faith under the power. According to Section 386.093, the power of attorney will become effective upon the disability or incapacity of the principal, and further the authority should be exercisable notwithstanding the principal’s subsequent disability or incapacity. The authority granted to an attorney in fact or agent under the power of attorney will not terminate unless it state a time of termination, notwithstanding the lapse of time since the execution of the instrument. Under Section 382.370 of Title XXXII, Chapter 382, powers of attorney to convey or release real or personal property is to be recorded in the proper office, in the manner prescribed for recording conveyances.
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