Current through the 2024 legislative session
Section 3-9-119 - Acceptance of and reliance upon acknowledged power of attorney(a) A person that in good faith accepts a purportedly acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under W.S. 3-9-105 that the signature is genuine.(b) A person that in good faith accepts a purportedly acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid or terminated, that the purported agent's authority is void, invalid or terminated or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect and the agent had not exceeded and improperly exercised the authority.(c) A person that is asked to accept an acknowledged power of attorney may request and rely upon without further investigation an:(i) Agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney;(ii) English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English.(d) A certification or translation requested under this section shall be provided at the principal's expense.(e) For purposes of this section and W.S. 3-9-120:(i) "Acknowledged" means purportedly verified before a notary public or other person authorized to take acknowledgements;(ii) A person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, principal or agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.Added by Laws 2017 , ch. 117, § 1, eff. 1/1/2018.