(1) (a) Any third party who acts in good-faith reliance on an agency instrument that is duly notarized shall be fully protected and released to the same extent as if such third party dealt directly with the principal as a fully competent person. Upon demand of any third party, the agent shall furnish an affidavit that states that the agency instrument relied upon is a true copy of the agency instrument and that, to the best of the agent's knowledge, the principal is alive and the relevant powers of the agent have not been altered or terminated; however, any third party who acts in good-faith reliance on an agency instrument shall be protected regardless of whether such third party demands or receives an affidavit.
(b) (I) Any third party who deals with an agent may presume, in the absence of actual knowledge to the contrary, that:
The agency instrument naming the agent was validly executed;
The principal had authority to act at the time of execution; and
At the time of reliance, the principal exists, the agency instrument and the relevantpowers of the agent have not terminated or been amended, and the acts of the agent conform to the standards of this part 6.
(II) Any third party who relies on an agency instrument shall not be responsible for the proper application of any property delivered to or controlled by the agent or for questioning the authority of the agent.
Any person to whom the agent, operating under a duly notarized agency instrument,communicates a direction that is in accordance with the terms of the agency instrument shall comply with such direction. Any person who arbitrarily or without reasonable cause fails to comply with such direction shall be subject to the costs, expenses, and reasonable attorney fees required to appoint a conservator for the principal, to obtain a declaratory judgment, or to obtain an order pursuant to section 15-14-412. This subsection (2) shall not apply to the sale, transfer, encumbrance, or conveyance of real property.
Any third party that has reasonable cause to question the authenticity, validity, orauthority of an agency instrument or agency may make prompt and reasonable inquiry of the agent, the principal, or other persons involved for additional information and may submit an interpleader action to the district court or the probate court of the county in which the principal resides by depositing any funds or other assets that may be affected by the agency instrument with the appropriate court. In such an interpleader action, if the court finds that the third party had reasonable cause to commence the action, the third party shall be entitled to all reasonable expenses and costs incurred by the third party in bringing the interpleader action.
Any third party may require an agent to present, as proof of the agency, either theoriginal agency instrument naming such agent or a facsimile thereof certified by a notary. The third party has discretion to determine whether the agent shall provide the original agency instrument or a certified facsimile.
Source: L. 94: Entire part added, p. 1072, § 1, effective January 1, 1995. L. 95: (2) and (4) amended, p. 362, § 17, effective July 1. L. 2000: (2) amended, p. 1834, § 10, effective January 1, 2001. L. 2009: (1)(b)(I) amended, (HB 09-1198), ch. 106, p. 423, § 11, effective January 1, 2010.