2000-S 2248
Enacted 7/20/2000

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Introduced By:  Senator John M.Roney Date Introduced:  February 2, 2000

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 -- Whenever a donor of a power of attorney designates another his 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 shall be 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 shall remain 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 shall 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 thereafter is appointed for the donor, the attorney in fact or agent, during the continuance of the appointment, shall account 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.

SECTION 2. This act shall take effect upon passage and shall apply to all powers of attorney, whenever executed.

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