By virtue of the provisions of § 4421a of this title, when the principal becomes incapacitated or is adjudicated incapacitated by a court, the agent may exercise all the duties and powers granted in the durable power of attorney. However, in the case of the principal’s homestead property, the agent may only dispose of, encumber, or alienate said property, equipment, and furnishings if authorization from the appropriate court is previously obtained.
History —Civil Code, 1930, added as § 1600C on Jan. 18, 2012, No. 25, § 3.