Utah Code 75-9-120. Liability for Refusal to Accept Acknowledged Power of Attorney
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(1) Except as otherwise provided in Subsection (2):
Terms Used In Utah Code 75-9-120
- Agent: includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning another's health care, and an individual authorized to make decisions for another under a natural death act. See Utah Code 75-1-201 v2
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Probate: Proving a will
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- Venue: The geographical location in which a case is tried.
(1)(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;
(1)(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
(1)(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:
(2)(a) the person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(2)(b) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;
(2)(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;
(2)(d) a request for a certification, a translation, or an opinion of counsel under Subsection 75-9-119(4) is refused;
(2)(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
(2)(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:
(3)(a) a court order mandating acceptance of the power of attorney; and
(3)(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.