California Probate Code

§ 4306

PROB § 4306 Effective Jan 1, 1995Div. 4.5 · Part 2 · Ch. 5

Statute text

(a)If an attorney-in-fact furnishes an affidavit pursuant to Section 4305, whether voluntarily or on demand, a third person dealing with the attorney-in-fact who refuses to accept the exercise of the attorney-in-fact’s authority referred to in the affidavit is liable for attorney’s fees incurred in an action or proceeding necessary to confirm the attorney-in-fact’s qualifications or authority, unless the court determines that the third person believed in good faith that the attorney-in-fact was not qualified or was attempting to exceed or improperly exercise the attorney-in-fact’s authority.

(b)The failure of a third person to demand an affidavit pursuant to Section 4305 does not affect the protection provided the third person by this chapter, and no inference as to whether a third person has acted in good faith may be drawn from the failure to demand an affidavit from the attorney-in-fact.

Legislative history

Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.