RELIANCE UPON SUBSTITUTE DECISION-MAKING DOCUMENT.

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15-15-105. RELIANCE UPON SUBSTITUTE DECISION-MAKING DOCUMENT. (1) Except as otherwise provided for in sections 15-12-119 and 39-4513, Idaho Code, a person that in good faith accepts a substitute decision-making document without actual knowledge that the document is void, invalid or terminated, or that the authority of the purported decision maker is void, invalid or terminated, may assume without inquiry that the document is genuine, valid and still in effect and that the decision maker’s authority is genuine, valid and still in effect.

(2) A person that is asked to accept a substitute decision-making document may request and without further investigation rely upon:

(a) The decision maker’s assertion of a fact concerning the individual for whom a decision will be made, the decision maker or the document;

(b) A translation of the document if the document contains, in whole or in part, language other than English; and

(c) An opinion of counsel regarding any matter of law concerning the document if the person provides in a record the reason for the request.

History:

[15-15-105, added 2015, ch. 115, sec. 1, p. 298.]


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