Section 5-502
All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were competent and not disabled. Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.
Comment
The words “any period of disability or incapacity of the principal” are intended to include periods during which the principal is legally incompetent but are not intended to be limited to such periods. In the Uniform Probate Code, the word “disability” is defined, and the term “incapacitated person” is defined. In the context of this section, however, the important point is that the terms embrace “legal incompetence,” as well as less grievous disadvantages.
Massachusetts comment
G.L. c. 201B, § 2 is identical except that the last sentence has been deleted.