Section 26-1A-120


Published: 2015

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Section 26-1A-120

Section 26-1A-120Liability for refusal to accept acknowledged power of attorney.

(a) Except as otherwise provided in subsection (b):



(1) a person shall either effect a requested transaction in reliance upon an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under Section 26-1A-119(d) within a reasonable time after presentation of the power of attorney and a request to effect the transaction;



(2) if a person requests a certification, a translation, or an opinion of counsel under Section 26-1A-119(d), the person shall effect the transaction in reliance upon the power of attorney within a reasonable time after receipt of the certification, translation, or opinion of counsel; and



(3) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.



(b) A person is not required to effect a transaction in reliance upon an acknowledged power of attorney:



(1) if the person would not be required to engage in the transaction with the principal if the principal was competent and acting on his or her own behalf;



(2) if the person in good faith believes engaging in the transaction with the agent or the principal in the same circumstances would be inconsistent with law or any rule or regulation of any government or any governmental agency or instrumentality;



(3) if the person has actual knowledge of the fact that the power of attorney is void, invalid, or terminated, that the agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority;



(4) until after a certification, a translation, or an opinion of counsel requested under Section 26-1A-119(d) is provided to such person;



(5) if the person in good faith believes that the power of attorney is void, invalid, or terminated, that the agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority, whether or not a certification, a translation, or an opinion of counsel under Section 26-1A-119(d) has been requested or provided; or



(6) if the person makes, or has actual knowledge that another person has made, a report to the Department of Human Resources stating a belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.



(c) A person that refuses in violation of this section to effect a transaction in reliance upon an acknowledged power of attorney is subject to, as its sole liability with respect to such a refusal notwithstanding Section 26-1A-123:



(1) a court order mandating that the person effect such transaction in reliance upon the power of attorney; and



(2) liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates that the person effect such transaction in reliance upon the power of attorney.

(Act 2011-683, p. 2015, §1.)