§ 3-9-120 — Liability for refusal to accept acknowledged power of attorney

Wyoming § 3-9-120

• Jurisdiction: Wyoming
• Title 03: Guardian and Ward
• Ch. 9: UNIFORM POWER OF ATTORNEY ACT
• Art. 1: General provisions

Text

(a) Except as otherwise provided in subsection (b) of this
section, a person that is asked to accept an acknowledged power
of attorney shall:
(i) Accept the acknowledged power of attorney or
request a certification or translation under W.S. 3-9-119(c) not
later than seven (7) business days after presentation of the
power of attorney for acceptance;
(ii) If the person requests a certification or
translation under W.S. 3-9-119(c), accept the power of attorney
not later than five (5) business days after receipt of the
certification or translation; and
(iii) Not require an additional or different form of
power of attorney for authority granted in the power of attorney
presented.
(b) A person may refuse an acknowledged power of attorney
if:
(i) The person is not otherwise required to engage in
a transaction with the principal in the same circumstances;
(ii) Engaging in a transaction with the agent or the
principal in the same circumstances would be inconsistent with
federal law;
(iii) The person has actual knowledge of the
termination of the agent's authority or of the power of attorney
before exercise of the power;
(iv) A request for a certification or translation
under W.S. 3-9-119(c) is refused;
(v) The person in good faith believes the power is
not valid or the agent does not have the authority to perform
the act requested whether or not a certification or translation
under W.S. 3-9-119(c) has been requested or provided; or
(vi) The person makes, or has actual knowledge that
another person has made, a report to a governmental agency
having authority to protect the welfare of the principal 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 who refuses to accept an acknowledged power
of attorney in violation of this section is subject to the
following:
(i) A court order mandating acceptance of the power
of attorney;
(ii) 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.