5-1501A - Power of attorney not affected by incapacity.

§ 5-1501A. Power of attorney not affected by incapacity. 1. A power of  attorney  is  durable unless it expressly provides that it is terminated  by the incapacity of the principal.    2. The subsequent incapacity  of  a  principal  shall  not  revoke  or  terminate  the  authority  of an agent who acts under a durable power of  attorney. All acts done during any period of the principal's  incapacity  by  an agent pursuant to a durable power of attorney shall have the same  effect and inure to the benefit of and bind a principal and his  or  her  distributees, devisees, legatees and personal representatives as if such  principal  had  capacity. If a guardian is thereafter appointed for such  principal, such agent, during the continuance of the appointment,  shall  account to the guardian rather than to such principal.