(a) Except as provided in § 1-350s, a person who is asked to accept a substitute decision-making document shall accept within a reasonable time a document that purportedly meets the validity requirements of § 1-362. The person may not require an additional or different form of document for authority granted in the document presented.

Need help with a review of a power of attorney?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

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

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

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

(3) The person’s request under subsection (b) of § 1-364 for the decision maker’s assertion of fact, a translation or an opinion of counsel is refused;

(4) 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

(5) The person makes, or has actual knowledge that another person has made, a report to an agency responsible for investigating allegations of abuse, neglect, exploitation or abandonment 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.

(c) A person who refuses to accept a substitute decision-making document in violation of this section is subject to:

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

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