3-9-120. Liability for refusal to accept acknowledged power of attorney.
(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.
Structure Wyoming Statutes
Chapter 9 - Uniform Power of Attorney Act
Article 1 - General Provisions
Section 3-9-101 - Short Title.
Section 3-9-102 - Definitions.
Section 3-9-103 - Applicability.
Section 3-9-104 - Power of Attorney Is Durable.
Section 3-9-105 - Execution of Power of Attorney.
Section 3-9-106 - Validity of Power of Attorney.
Section 3-9-107 - Meaning and Effect of Power of Attorney.
Section 3-9-109 - When Power of Attorney Effective.
Section 3-9-110 - Termination of Power of Attorney or Agent's Authority.
Section 3-9-111 - Coagents and Successor Agents.
Section 3-9-112 - Reimbursement and Compensation of Agent.
Section 3-9-113 - Agent's Acceptance.
Section 3-9-114 - Agent's Duties.
Section 3-9-115 - Exoneration of Agent.
Section 3-9-116 - Judicial Relief.
Section 3-9-117 - Agent's Liability.
Section 3-9-118 - Agent's Resignation; Notice.
Section 3-9-119 - Acceptance of and Reliance Upon Acknowledged Power of Attorney.
Section 3-9-120 - Liability for Refusal to Accept Acknowledged Power of Attorney.
Section 3-9-121 - Principles of Law and Equity.
Section 3-9-122 - Laws Applicable to Financial Institutions and Entities.