Current with legislation from 2024 Fiscal and Special Sessions.
Section 28-68-120 - Liability for refusal to accept acknowledged statutory form power of attorney(a) In this section, "statutory form power of attorney" means a power of attorney substantially in the form provided in § 28-68-301 or that meets the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as it existed on January 1, 2011.(b) Except as otherwise provided in subsection (c):(1) a person shall either accept an acknowledged statutory form power of attorney or request a certification, a translation, or an opinion of counsel under § 28-68-119(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 § 28-68-119(d), the person shall accept the statutory form 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 statutory form power of attorney presented.(c) A person is not required to accept an acknowledged statutory form 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 § 28-68-119(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 § 28-68-119(d) has been requested or provided; or(6) the person makes, or has actual knowledge that another person has made, a report to 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.(d) A person that refuses in violation of this section to accept an acknowledged statutory form power of attorney is 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.