§ 4306. — 4306. (Added by Stats. 1994, Ch. 307, Sec. 16.)

California § 4306.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 4.5.: DIVISION 4.5. POWERS OF ATTORNEY
• Part 2.: PART 2. POWERS OF ATTORNEY GENERALLY
• Ch. 5.: CHAPTER 5. Relations With Third Persons

Text

(a)
If an attorney-in-fact furnishes an affidavit pursuant to Section 4305, whether voluntarily or on demand, a third person dealing with the attorney-in-fact who refuses to accept the exercise of the attorney-in-fact’s authority referred to in the affidavit is liable for attorney’s fees incurred in an action or proceeding necessary to confirm the attorney-in-fact’s qualifications or authority, unless the court determines that the third person believed in good faith that the attorney-in-fact was not qualified or was attempting to exceed or improperly exercise the attorney-in-fact’s authority.
(b)
The failure of a third person to demand an affidavit pursuant to Section 4305 does not affect the protection provided the third person by this chapter, and no inference as to whether a third person has acted in good faith may be drawn from the failure to demand an affidavit from the attorney-in-fact.

Legislative History

Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.