Section 59-7-4 - Affidavit of want of knowledge of death--Proof of nontermination of agency. - South Dakota Statutes

59-7-4. Affidavit of want of knowledge of death--Proof of nontermination of agency. An affidavit, executed by the attorney in fact or agent, stating that he did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the revocation or termination of his power of attorney by death, disability, or incompetence, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of an instrument which is recordable, the affidavit is also recordable.

Source: SL 1945, ch 181, § 2; SDC Supp 1960, § 3.0111; SL 1977, ch 418, § 6.