15-15-106. OBLIGATION TO ACCEPT SUBSTITUTE DECISION-MAKING DOCUMENT. (1) Except as otherwise provided in subsection (2) of this section or by law of this state other than this act, including section 15-12-120(2)(b), Idaho Code, a person that is asked to accept a substitute decision-making document shall accept within a reasonable time a document that purportedly meets the validity requirements of section 15-15-103, Idaho Code. The person may not require an additional or different form of document for authority granted in the document presented.

(2) A person that is asked to accept a substitute decision-making document is not required to accept the document if:

(a) The person otherwise would not be required in the same circumstances to act if requested by the individual who executed the document;

(b) The person has actual knowledge of the termination of the decision maker’s authority or the document;

(c) The person’s request under section 15-15-105(2), Idaho Code, for the decision maker’s assertion of fact, a translation or an opinion of counsel is refused;

(d) The person in good faith believes that the document is not valid or the decision maker does not have the authority to request a particular transaction or action; or

(e) The person makes, or has actual knowledge that another person has made, a report to the local office of adult protective services stating a belief that the individual for whom a decision will be made may be subject to abuse, neglect, exploitation or abandonment by the decision maker or a person acting for or with the decision maker.

(3) A person that in violation of the provisions of this section refuses to accept a substitute decision-making document is subject to:

(a) A court order mandating acceptance of the document; and

(b) Liability for reasonable attorney’s fees and costs incurred in an action or proceeding that mandates acceptance of the document.

History:

[15-15-106, added 2015, ch. 115, sec. 1, p. 299.]