New Hampshire Revised Statutes 564-E:120 – Liability for Refusal to Accept Acknowledged Power of Attorney
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(a) Except as otherwise provided in subsection (b):
(1) a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under N.H. Rev. Stat. § 564-E:119(d) no later than 7 business days after presentation of the power of attorney for acceptance;
(2) if a person requests a certification, a translation, or an opinion of counsel under N.H. Rev. Stat. § 564-E:119(d), the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation, or opinion of counsel; and
(3) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(b) A person is not required to accept an acknowledged power of attorney if:
(1) the person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(2) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law, including, without limitation, federal rules and federal regulations;
(3) the person has actual knowledge of the termination of the agent’s authority or of the power of attorney before exercise of the power;
(4) a request for a certification, a translation, or an opinion of counsel under N.H. Rev. Stat. § 564-E:119(d) is refused;
(5) the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under N.H. Rev. Stat. § 564-E:119(d) has been requested or provided; or
(6) the person makes, or has actual knowledge that another person has made, a report to the appropriate adult protective services or law enforcement agency 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 that refuses in violation of this section to accept an acknowledged power of attorney:
(1) is subject to a court order mandating acceptance of the power of attorney; and
(2) may be held liable 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.
(1) a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under N.H. Rev. Stat. § 564-E:119(d) no later than 7 business days after presentation of the power of attorney for acceptance;
Terms Used In New Hampshire Revised Statutes 564-E:120
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(2) if a person requests a certification, a translation, or an opinion of counsel under N.H. Rev. Stat. § 564-E:119(d), the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation, or opinion of counsel; and
(3) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(b) A person is not required to accept an acknowledged power of attorney if:
(1) the person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(2) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law, including, without limitation, federal rules and federal regulations;
(3) the person has actual knowledge of the termination of the agent’s authority or of the power of attorney before exercise of the power;
(4) a request for a certification, a translation, or an opinion of counsel under N.H. Rev. Stat. § 564-E:119(d) is refused;
(5) the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under N.H. Rev. Stat. § 564-E:119(d) has been requested or provided; or
(6) the person makes, or has actual knowledge that another person has made, a report to the appropriate adult protective services or law enforcement agency 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 that refuses in violation of this section to accept an acknowledged power of attorney:
(1) is subject to a court order mandating acceptance of the power of attorney; and
(2) may be held liable 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.