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2019 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 68 - Uniform Power of Attorney Act
Subchapter 1 - General Provisions
§ 28-68-120. Liability for Refusal to Accept Acknowledged Statutory Form Power of Attorney

Universal Citation:
AR Code § 28-68-120 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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  • (a) In this section, “statutory form power of attorney” means a power of attorney substantially in the form provided in § 28-68-301 or that meets the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as it existed on January 1, 2011.

  • (b) Except as otherwise provided in subsection (c):

    • (1) a person shall either accept an acknowledged statutory form power of attorney or request a certification, a translation, or an opinion of counsel under § 28-68-119(d) no 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 § 28-68-119(d), the person shall accept the statutory form power of attorney no 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 statutory form power of attorney presented.

  • (c) A person is not required to accept an acknowledged statutory form power of attorney if:

    • (1) the person is not otherwise required to engage in a transaction with the principal in the same circumstances;

    • (2) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with 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 § 28-68-119(d) 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 § 28-68-119(d) has been requested or provided; or

    • (6) the person makes, or has actual knowledge that another person has made, a report to the Department of Human 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.

  • (d) A person that refuses in violation of this section to accept an acknowledged statutory form power of attorney is subject to:

    • (1) a court order mandating acceptance of the power of attorney; and

    • (2) 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.

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