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[§551E‑16]  Liability for refusal to accept acknowledged power of attorney


Published: 2015

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     [§551E‑16]  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 551E‑15(d) no later than seven business days after

presentation of the power of attorney for acceptance;

     (2)  If a person requests a certification, a

translation, or an opinion of counsel under section 551E‑15(d), the

person shall accept the power of attorney no later than five business days

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 shall not be 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;

     (2)  Engaging in a transaction with the agent or the

principal in the same circumstances would be inconsistent with federal law;

     (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;

     (4)  A request for a certification, a translation, or

an opinion of counsel under section 551E‑15(d) is refused;

     (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 551E‑15(d) has been requested or provided; or

     (6)  The person makes, or has actual knowledge that

another person has made, a report to the adult protective and community

services branch of the department of human services stating 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.

     (c)  A person that refuses to accept an

acknowledged power of attorney in violation of this section shall be subject

to:

     (1)  A court order mandating acceptance of 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 acceptance of the power of attorney. [L 2014, c

22, pt of §1]