15-12-119. ACCEPTANCE OF AND RELIANCE UPON AN ACKNOWLEDGED POWER OF ATTORNEY. (1) For purposes of this section and section 15-12-120, Idaho Code, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments.
(2) 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 section 15-12-105, Idaho Code, that the signature is genuine.
(3) 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.
(4) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:
(a) An agent’s certification under penalty of perjury of any factual matter concerning the principal, the agent or the power of attorney;
(b) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and
(c) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(5) An English translation or an opinion of counsel requested under this section must be provided at the principal’s expense unless the request is made more than seven (7) business days after the power of attorney is presented for acceptance.
(6) For purposes of this section and section 15-12-120, Idaho Code, 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.
History:
[15-12-119, added 2008, ch. 186, sec. 2, p. 566.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 12 - UNIFORM POWER OF ATTORNEY ACT
Part 1 - GENERAL PROVISIONS AND DEFINITIONS
Section 15-12-101 - SHORT TITLE.
Section 15-12-102 - DEFINITIONS.
Section 15-12-103 - APPLICABILITY.
Section 15-12-104 - POWER OF ATTORNEY IS DURABLE.
Section 15-12-105 - EXECUTION OF POWER OF ATTORNEY.
Section 15-12-106 - VALIDITY OF POWER OF ATTORNEY.
Section 15-12-107 - MEANING AND EFFECT OF POWER OF ATTORNEY.
Section 15-12-108 - NOMINATION OF CONSERVATOR — RELATION OF AGENT TO COURT-APPOINTED FIDUCIARY.
Section 15-12-109 - WHEN POWER OF ATTORNEY EFFECTIVE.
Section 15-12-110 - TERMINATION OF POWER OF ATTORNEY OR AGENT’S AUTHORITY.
Section 15-12-111 - COAGENTS AND SUCCESSOR AGENTS.
Section 15-12-112 - REIMBURSEMENT AND COMPENSATION OF AGENT.
Section 15-12-113 - AGENT’S ACCEPTANCE.
Section 15-12-114 - AGENT’S DUTIES.
Section 15-12-115 - EXONERATION OF AGENT.
Section 15-12-116 - JUDICIAL RELIEF.
Section 15-12-117 - AGENT’S LIABILITY.
Section 15-12-118 - AGENT’S RESIGNATION — NOTICE.
Section 15-12-119 - ACCEPTANCE OF AND RELIANCE UPON AN ACKNOWLEDGED POWER OF ATTORNEY.
Section 15-12-120 - LIABILITY FOR REFUSAL TO ACCEPT AN ACKNOWLEDGED POWER OF ATTORNEY.
Section 15-12-121 - PRINCIPLES OF LAW AND EQUITY.
Section 15-12-122 - LAWS APPLICABLE TO FINANCIAL INSTITUTIONS AND ENTITIES.