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1998 SESSION

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HB 532 Power of attorney.

Introduced by: Whittington W. Clement | all patrons    ...    notes | add to my profiles

SUMMARY:

Powers of attorney. Provides that an affidavit executed by the person holding the power of attorney that the power of attorney has not been revoked or terminated is conclusive proof of nonrevocation or nontermination in an action by or against a third party, unless the third party had actual knowledge to the contrary. Under current law, a third party may not rely on such an affidavit if fraud is involved, but the statute is unclear as to whose fraud and when such fraud would have to be discovered.


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