§ 4020. Liability for refusal to accept acknowledged power of attorney
(a) Except as otherwise provided in subsection (b) of this section:
(1) a person shall either accept an acknowledged power of attorney or request a certification,
a translation, or an opinion of counsel under subsection 4019(d) of this title not 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
subsection 4019(d) of this title, the person shall accept the power of attorney not 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 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;
(2) engaging in a transaction with the agent or the principal in the same circumstances
would be inconsistent with federal or state 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 subsection 4019(d) of this title 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 subsection 4019(d) of this title 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 Services program or other appropriate entity within the Department
of Disabilities, Aging, and Independent Living or to a law enforcement agency 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 who 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
(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. (Added 2023, No. 60, § 1, eff. July 1, 2023; amended 2023, No. 161 (Adj. Sess.), § 14, eff. June 6, 2024.)