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.