Title 75 - Utah Uniform Probate Code - Chapter 9 - Uniform Power of Attorney Act - Part 1 - General Provisions - Section 120 - Liability for Refusal to Accept Acknowledged Power of Attorney.


Published: 2016-05-10

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Utah Code

Page 1

Effective 5/10/2016 75-9-120 Liability for Refusal to Accept Acknowledged Power of Attorney. (1) Except as otherwise provided in Subsection (2):

(a) a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under Subsection 75-9-119(4) no later than seven business days after presentation of the power of attorney for acceptance;

(b) if a person requests a certification, a translation, or an opinion of counsel under Subsection 75-9-119(4), 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

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

(2) A person is not required to accept an acknowledged power of attorney if: (a) the person is not otherwise required to engage in a transaction with the principal in the same

circumstances; (b) engaging in a transaction with the agent or the principal in the same circumstances would be

inconsistent with federal law; (c) the person has actual knowledge of the termination of the agent's authority or of the power of

attorney before exercise of the power; (d) a request for a certification, a translation, or an opinion of counsel under Subsection

75-9-119(4) is refused; (e) 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 Subsection 75-9-119(4) has been requested or provided; or

(f) the person makes, or has actual knowledge that another person has made, a report to the Division of Aging and Adult 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.

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

(a) a court order mandating acceptance of the power of attorney; and (b) 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.

(4) Court proceedings under this section shall be conducted pursuant to the terms in the Uniform Probate Code governing venue and procedures.

Enacted by Chapter 256, 2016 General Session