(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.

(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.