§ 1-350s — Liability for refusal to accept acknowledged power of attorney.

(a) Except as 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 (d) of section 1-350r 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 (d) of section 1-350r , 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 principal is not otherwise eligible or is not otherwise qualified to enter the transaction with the person; (2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with state or 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 subsection (d) of section 1-350r 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 (d) of section 1-350r has been requested or provided; or (6) The person makes, or has actual knowledge that another person has made, a report to the Bureau of Aging, Community and Social Work Services Division of the Department of Social 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. (c) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to an order by a probate court or by a court of general jurisdiction mandating acceptance of the power of attorney. The court may award reasonable attorney's fees and costs incurred to the prevailing party in such action.

Legislative History

(P.A. 15-240, S. 20; P.A. 16-40, S. 9.) History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 20, from July 1, 2016, to October 1, 2016, effective May 27, 2016.