<section number="75A-2-110"><effdate>9/1/2024</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Termination of power of attorney or agent's authority.</catchline><subsection number="75A-2-110(1)">A power of attorney terminates when:<subsection number="75A-2-110(1)(a)">the principal dies;</subsection><subsection number="75A-2-110(1)(b)">the principal becomes incapacitated, if the power of attorney is not durable;</subsection><subsection number="75A-2-110(1)(c)">the principal revokes the power of attorney;</subsection><subsection number="75A-2-110(1)(d)">the power of attorney provides that it terminates;</subsection><subsection number="75A-2-110(1)(e)">the purpose of the power of attorney is accomplished; or</subsection><subsection number="75A-2-110(1)(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.</subsection></subsection><subsection number="75A-2-110(2)">An agent's authority terminates when:<subsection number="75A-2-110(2)(a)">the principal revokes the authority;</subsection><subsection number="75A-2-110(2)(b)">the agent dies, becomes incapacitated, or resigns;</subsection><subsection number="75A-2-110(2)(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</subsection><subsection number="75A-2-110(2)(d)">the power of attorney terminates.</subsection></subsection><subsection number="75A-2-110(3)">Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under Subsection (2), notwithstanding a lapse of time since the execution of the power of attorney.</subsection><subsection number="75A-2-110(4)"><subsection number="75A-2-110(4)(a)">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. </subsection><subsection number="75A-2-110(4)(b)"> An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.</subsection></subsection><subsection number="75A-2-110(5)"><subsection number="75A-2-110(5)(a)">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. </subsection><subsection number="75A-2-110(5)(b)"> An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.</subsection></subsection><subsection number="75A-2-110(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.</subsection><subsection number="75A-2-110(7)">The principal may revoke or amend a power of attorney:<subsection number="75A-2-110(7)(a)">by substantial compliance with a method provided in the terms of the power of attorney that expressly excludes all other methods for amending or revoking the power of attorney; or</subsection><subsection number="75A-2-110(7)(b)">if the terms of the power of attorney do not provide a method or the method provided in the terms is not expressly made exclusive, by any other method manifesting clear and convincing evidence of the principal's intent.</subsection></subsection></section>