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Idaho Code § 15-15-106

Obligation to accept substitute decision-making document

Known as the Uniform Recognition of Substitute Decision-Making Documents Act

The act spans §§ 15-15-101 to 15-15-110 (10 sections).

I.C., § 15-15 -106, as added by 2015, ch. 115, § 1, p. 298.

(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: The person otherwise would not be required in the same circumstances to act if requested by the individual who executed the document;

(3) The person has actual knowledge of the termination of the decision maker’s authority or the document;

(4) 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;

(5) 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

(6) 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.

(7) A person that in violation of the provisions of this section refuses to accept a substitute decision-making document is subject to: A court order mandating acceptance of the document; and

(8) Liability for reasonable attorney’s fees and costs incurred in an action or proceeding that mandates acceptance of the document.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.