US Laws, Codes, Statutes & Cases

§ 32A‑41.  Penalty for unreasonable refusal to recognize power.

(a)       A person dealing with an attorney‑in‑fact who unreasonably refuses to accept a power of attorney shall be subject to all of the following:

(1)       Liability for reasonable attorneys' fees and costs incurred in any action or proceeding necessary to confirm the validity of a power of attorney or to implement a power of attorney.

(2)       An order of the court requiring acceptance of the valid power of attorney.

(3)       Any other remedy available under applicable law.

(b)       Acceptance of a power of attorney shall mean (i) acknowledging the validity and authenticity of the document, and (ii) allowing the attorney‑in‑fact to conduct business in accordance with the powers that reasonably appear to be granted in the document. (2005‑178, s. 1.)