§5-919. Acceptance of and reliance upon acknowledged power of attorney








(a). 
 
For purposes of this section and section 5-920, "acknowledged" means purportedly verified
before a notary public or other individual authorized to take acknowledgements.


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








(b). 
 
A person that in good faith accepts an acknowledged power of attorney without actual
knowledge that the signature is not genuine may rely upon the presumption under section
5-905 that the signature is genuine.


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








(c). 
 
A person that in good faith accepts an acknowledged power of attorney without actual
knowledge that the power of attorney is void, invalid or terminated, that the purported
agent's authority is void, invalid or terminated or that the agent is exceeding or
improperly exercising the agent's authority may rely upon the power of attorney as
if the power of attorney were genuine, valid and still in effect, the agent's authority
were genuine, valid and still in effect and the agent had not exceeded and had properly
exercised the authority.


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








(d). 
 
A person that is asked to accept an acknowledged power of attorney may request, and
rely upon, without further investigation:





(1). An agent's certification under penalty of perjury of any factual matter concerning
the principal, agent or power of attorney; [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]











(2). An English translation of the power of attorney if the power of attorney contains,
in whole or in part, language other than English; and [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]











(3). An opinion of counsel as to any matter of law concerning the power of attorney if
the person making the request provides in a writing or other record the reason for
the request. [2009, c. 292, §2 (NEW); 2009, c. 292, §6 (AFF).]








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








(e). 
 
An English translation or an opinion of counsel requested under this section must
be provided at the principal's expense unless the request is made more than 7 business
days after the power of attorney is presented for acceptance.


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








(f). 
 
For purposes of this section and section 5-920, a person that conducts activities
through employees is without actual knowledge of a fact relating to a power of attorney,
a principal or an agent if the employee conducting the transaction involving the power
of attorney is without actual knowledge of the fact.


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





SECTION HISTORY

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