15-15-106. OBLIGATION TO ACCEPT SUBSTITUTE DECISION-MAKING DOCUMENT.

304 words·~1 min read·/id/title-15-uniform-probate-code/15-15-106

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.