§ 21-2601.19 — Acceptance of and reliance upon acknowledged power of attorney.

District of Columbia § 21-2601.19

• Jurisdiction: District of Columbia
• Title 21: Fiduciary Relations and Persons with Mental Illness. [Enacted title]
• Ch. 26: Uniform Power of Attorney Act.
• Subch. I: General Provisions.

Text

(a) For the purposes of this section and § 21-2601.20 , the term "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements.

(b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under § 21-2601.05 that the signature is genuine. A good faith acceptance by a financial institution requires it to exercise commercially reasonable procedures to review the validity of the purported signature of the principal on the power of attorney, if the financial institution maintains the principal's signature, sample signature, specimen signature, signature card, or any digital or automated process to obtain an image or sample of the principal's signature for verification purposes.

(c) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.

(d) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:

(1) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;

(2) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and

(3) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in writing or other record the reason for the request.

(e) An English translation or an opinion of counsel requested pursuant to subsection (d)(2) and (3) of this section shall be provided at the principal's expense unless the request is made more than 7 business days after the power of attorney is presented for acceptance.

(f) For purposes of this section and § 21-2601.20 , a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.

(g) Notwithstanding any other provision of the chapter, no person may rely upon a purported waiver of a principal's right to a trial by jury before a dispute has arisen.