Section 4406 Of Chapter 1. General Provisions From California Probate Code >> Division 4.5. >> Part 3. >> Chapter 1.
4406
. (a) If a third person to whom a properly executed statutory
form power of attorney under this part is presented refuses to honor
the agent's authority under the power of attorney within a reasonable
time, the third person may be compelled to honor the agent's
authority under the power of attorney in an action brought against
the third person for this purpose, except that the third person may
not be compelled to honor the agent's authority if the principal
could not compel the third person to act in the same circumstances.
(b) If an action is brought under this section, the court shall
award attorney's fees to the agent if the court finds that the third
person acted unreasonably in refusing to accept the agent's authority
under the statutory form power of attorney.
(c) For the purpose of subdivision (b), and without limiting any
other grounds that may constitute a reasonable refusal to accept an
agent's authority under a statutory form power of attorney, a third
person shall not be deemed to have acted unreasonably in refusing to
accept an agent's authority if the refusal is authorized or required
by state or federal statute or regulation.
(d) Notwithstanding subdivision (c), a third person's refusal to
accept an agent's authority under a statutory form power of attorney
under this part shall be deemed unreasonable if the only reason for
the refusal is that the power of attorney is not on a form prescribed
by the third person to whom the power of attorney is presented.
(e) The remedy provided in this section is cumulative and
nonexclusive.