18 Guam Code Ann. § 21505
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Terms Used In 18 Guam Code Ann. § 21505
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney-in-fact under a durable power of attorney, stating that the attorney-in-fact did not have, at the time of exercise of the power, actual knowledge of the termination of the power by revocation or the principal’s death, is conclusive proof of the continuation of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal’s capacity.