§ 523.16 — Affidavit as Proof of Authority of Attorney-in-fact
Plain-Language Summary
Allows an attorney-in-fact to provide an affidavit proving their authority when a predecessor agent has died, become incompetent, or resigned.
523.16 AFFIDAVIT AS PROOF OF AUTHORITY OF ATTORNEY-IN-FACT.
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Subdivision 1.Multiple attorneys-in-fact.
If the attorney-in-fact exercising a power pursuant to a power of attorney has authority to act as a result of the death, incompetency, or resignation of one or more attorneys-in-fact named in the power of attorney, an affidavit executed by the attorney-in-fact setting forth the conditions precedent to the attorney-in-fact’s authority to act under the power of attorney and stating that those conditions have occurred is conclusive proof as to any party relying on the affidavit of the occurrence of those conditions. §
Subd. 2.Attorney-in-fact for member of military.
If an attorney-in-fact is exercising a power pursuant to a power of attorney executed by a member of the military in a form prepared under section 523.231, an affidavit executed by the attorney-in-fact setting forth the conditions precedent to the authority to act and stating the existence of those conditions is conclusive proof as to any party relying on the affidavit of the existence of those conditions.
History:
1984 c 603 s 18; 2009 c 94 art 4 s 6
History: History: 1984 c 603 s 18; 2009 c 94 art 4 s 6