HB 5768 Summary

• Establishes protections for third parties who accept powers of attorney in good faith, allowing them to rely on the document as valid without liability for defects they lack actual knowledge of.

• Permits third parties to request a sworn statement, English translation, or legal opinion within 5 business days of receiving an acknowledged power of attorney, at the principal's expense.

• Requires third parties to accept the power of attorney within 5 business days of receiving requested documentation, and prohibits requiring different or additional forms of power of attorney.

• Exempts third parties from acceptance requirements if they have no existing business relationship with the principal, the transaction conflicts with federal law, they have actual knowledge of termination, or they have good-faith concerns about elder abuse or exploitation.

• Subjects third parties who unlawfully refuse to accept a valid acknowledged power of attorney to court-ordered acceptance and liability for reasonable attorney fees and costs.