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§5-920. Liability for refusal to accept acknowledged power of attorney


Published: 2015

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§5-920. Liability for refusal to accept acknowledged power of attorney








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





(1). A person shall either accept an acknowledged power of attorney or request a certification,
a translation or an opinion of counsel under section 5-919, subsection (d) no later
than 7 business days after presentation of the power of attorney for acceptance; [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]











(2). If a person requests a certification, a translation or an opinion of counsel under
section 5-919, subsection (d), the person shall accept the power of attorney no later
than 5 business days after receipt of the certification, translation or opinion of
counsel; and [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]











(3). A person may not require an additional or different form of power of attorney for
authority granted in the power of attorney presented. [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]








[
2009, c. 292, §2 (NEW);
2009, c. 292, §6 (AFF)
.]








(b). 
 
A person is not required to accept an acknowledged power of attorney if:





(1). The person is not otherwise required to engage in a transaction with the principal
in the same circumstances; [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]











(2). Engaging in a transaction with the agent or the principal in the same circumstances
would be inconsistent with federal law; [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]











(3). The person has actual knowledge of the termination of the agent's authority or of
the power of attorney before exercise of the power; [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]











(4). A request for a certification, a translation or an opinion of counsel under section
5-919, subsection (d) is refused; [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]











(5). The person in good faith believes that the power is not valid or that the agent does
not have the authority to perform the act requested, whether or not a certification,
a translation or an opinion of counsel under section 5-919, subsection (d) has been
requested or provided; or [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]











(6). The person has a good faith 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 and the person makes, or has actual knowledge that another person
has made, a report to the Department of Health and Human Services regarding such beliefs. [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]








[
2009, c. 292, §2 (NEW);
2009, c. 292, §6 (AFF)
.]








(c). 
 
A person that refuses in violation of this section to accept an acknowledged power
of attorney is subject to:





(1). A court order mandating acceptance of the power of attorney; and [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]











(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 acceptance of the
power of attorney. [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]








[
2009, c. 292, §2 (NEW);
2009, c. 292, §6 (AFF)
.]





SECTION HISTORY

2009, c. 292, §2 (NEW).
2009, c. 292, §6 (AFF).