Title 10, Chapter 6, Section 35
( 10-6-35)
(a) No agency created by a power of attorney in writing given by a
principal who is at the time of execution or who, after executing
the power of attorney, becomes either: (1) A member of the armed forces of the United States; or (2) A person serving as a merchant seaman outside the limits of
the United States; or (3) A person outside the limits of the United States by
permission, assignment, or direction of any department or official
of the United States government in connection with any activity
pertaining to or connected with the prosecution of any war in
which the United States is then engaged shall be revoked or terminated by the death of the principal as to
the agent or other person who, without actual knowledge or actual
notice of the death of the principal, shall have acted or shall act,
in good faith, under or in reliance upon such power of attorney or
agency; and any action so taken, unless otherwise invalid or
unenforceable, shall be binding on the heirs, devisees, legatees, or
personal representatives of the principal, provided that it shall be
made to appear by proof that the person or persons, firm, or
corporation receiving any property by reason of the exercise of the
power shall have paid value for the property and the attorney in
fact or agent shall make bond for title to purchaser of the property
without notice of the death of the principal. (b) An affidavit, executed by the attorney in fact or agent setting
forth that he has not or had not, at the time of doing any act
pursuant to the power of attorney, received actual knowledge or
actual notice of the revocation or termination of the power of
attorney, by death or otherwise, or notice of any facts indicating
the same, shall, in the absence of fraud, be conclusive proof of the
nonrevocation or nontermination of the power at such time. If the
exercise of the power requires execution and delivery of any
instrument which is recordable under the laws of this state, such
affidavit, when authenticated for record in the manner prescribed by
law, shall likewise be recordable. (c) No report or listing, either official or otherwise, of "missing"
or "missing in action," as such words are used in military parlance,
shall constitute or be interpreted as constituting actual knowledge
or actual notice of the death of such principal or notice of any
facts indicating the same or shall operate to revoke the agency. (d) This Code section shall not be construed so as to alter or
affect any provisions for revocation or termination contained in
such power of attorney. (e) This Code section shall apply to such powers of attorney
executed prior to March 9, 1945. (f) This Code section shall not apply to any last will and testament
of the principal unless the power of disposal is in compliance with
the last will of the principal. |