15-12-110. TERMINATION OF POWER OF ATTORNEY OR AGENT’S AUTHORITY. (1) A power of attorney terminates when:
(a) The principal dies;
(b) The principal becomes incapacitated, if the power of attorney is not durable;
(c) The principal revokes the power of attorney;
(d) The power of attorney provides it terminates;
(e) The purpose of the power of attorney is accomplished; or
(f) The principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
(2) An agent’s authority terminates when:
(a) The principal revokes the agent’s authority;
(b) The agent dies, becomes incapacitated or resigns;
(c) An action is filed for the dissolution or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or
(d) The power of attorney terminates.
(3) Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the power of attorney terminates, notwithstanding a lapse of time since the execution of the power of attorney.
(4) Termination of an agent’s authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
(5) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
History:
[15-12-110, added 2008, ch. 186, sec. 2, p. 563.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 12 - UNIFORM POWER OF ATTORNEY ACT
Part 1 - GENERAL PROVISIONS AND DEFINITIONS
Section 15-12-101 - SHORT TITLE.
Section 15-12-102 - DEFINITIONS.
Section 15-12-103 - APPLICABILITY.
Section 15-12-104 - POWER OF ATTORNEY IS DURABLE.
Section 15-12-105 - EXECUTION OF POWER OF ATTORNEY.
Section 15-12-106 - VALIDITY OF POWER OF ATTORNEY.
Section 15-12-107 - MEANING AND EFFECT OF POWER OF ATTORNEY.
Section 15-12-108 - NOMINATION OF CONSERVATOR — RELATION OF AGENT TO COURT-APPOINTED FIDUCIARY.
Section 15-12-109 - WHEN POWER OF ATTORNEY EFFECTIVE.
Section 15-12-110 - TERMINATION OF POWER OF ATTORNEY OR AGENT’S AUTHORITY.
Section 15-12-111 - COAGENTS AND SUCCESSOR AGENTS.
Section 15-12-112 - REIMBURSEMENT AND COMPENSATION OF AGENT.
Section 15-12-113 - AGENT’S ACCEPTANCE.
Section 15-12-114 - AGENT’S DUTIES.
Section 15-12-115 - EXONERATION OF AGENT.
Section 15-12-116 - JUDICIAL RELIEF.
Section 15-12-117 - AGENT’S LIABILITY.
Section 15-12-118 - AGENT’S RESIGNATION — NOTICE.
Section 15-12-119 - ACCEPTANCE OF AND RELIANCE UPON AN ACKNOWLEDGED POWER OF ATTORNEY.
Section 15-12-120 - LIABILITY FOR REFUSAL TO ACCEPT AN ACKNOWLEDGED POWER OF ATTORNEY.
Section 15-12-121 - PRINCIPLES OF LAW AND EQUITY.
Section 15-12-122 - LAWS APPLICABLE TO FINANCIAL INSTITUTIONS AND ENTITIES.