Is the power of attorney granted by the Deka Lash franchisee affected by their subsequent incapacity?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee appoints Franchisor as Franchisee's attorney-in-fact, to act in Franchisee's place, for the purpose of assigning any Listings covered by the Assignment to Franchisor or Franchisor's designated agent or taking any other actions required of Franchisee under this Agreement. Franchisee grants Franchisor full authority to act in any manner proper or necessary to the exercise of the forgoing powers, including full power of substitution and execution or completion of any documents required or requested by any telephone or other company to transfer such numbers, and Franchisee ratifies every act that Franchisor may lawfully perform in exercising those powers. This power of attorney shall be effective for a period of two (2) years from the date of expiration, cancellation or termination of Franchisee's rights under the Agreement for any reason. Franchisee intends that this power of attorney be coupled with an interest. Franchisee declares this power of attorney to be irrevocable and renounces all rights to revoke it or to appoint another person to perform the acts referred to in this instrument. This power of attorney shall not
be affected by the subsequent incapacity of Franchisee. This power is created to secure performance of a duty to Franchisor and is for consideration.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, the power of attorney granted by the franchisee to Deka Lash is not affected by the franchisee's subsequent incapacity. This means that even if the franchisee becomes incapacitated, Deka Lash can still act as the franchisee's attorney-in-fact for the purposes outlined in the franchise agreement.
The power of attorney allows Deka Lash to act in the franchisee's place to assign any listings covered by the assignment to Deka Lash or its designated agent, or to take any other actions required of the franchisee under the agreement. This includes the authority to execute or complete documents needed to transfer telephone numbers or other related items.
The power of attorney is effective for two years from the date of expiration, cancellation, or termination of the franchisee's rights under the agreement. The franchisee intends that this power of attorney is coupled with an interest, making it irrevocable. This ensures Deka Lash can perform its duties even if the franchisee becomes incapacitated, securing the performance of a duty to Deka Lash for consideration.