§ 1-365 — Obligation to accept substitute decision-making document.

(a) Except as provided in section 1-350s, a person who is asked to accept a substitute decision-making document shall accept within a reasonable time a document that purportedly meets the validity requirements of section 1-362. The person may not require an additional or different form of document for authority granted in the document presented. (b) A person who is asked to accept a substitute decision-making document is not required to accept the document if: (1) The person otherwise would not be required in the same circumstances to act if requested by the individual who executed the document; (2) The person has actual knowledge of the termination of the decision maker's authority or the document; (3) The person's request under subsection (b) of section 1-364 for the decision maker's assertion of fact, a translation or an opinion of counsel is refused; (4) The person in good faith believes that the document is not valid or the decision maker does not have the authority to request a particular transaction or action; or (5) The person makes, or has actual knowledge that another person has made, a report to an agency responsible for investigating allegations of abuse, neglect, exploitation or abandonment stating a belief that the individual for whom a decision will be made may be subject to abuse, neglect, exploitation or abandonment by the decision maker or a person acting for or with the decision maker. (c) A person who refuses to accept a substitute decision-making document in violation of this section is subject to: (1) A court order mandating acceptance of the document; and (2) Liability for reasonable attorney's fees and costs incurred in an action or proceeding that mandates acceptance of the document.

Legislative History

(P.A. 17-91, S. 6.)