Statute · California Probate Code
Cal. Prob. Code § 4306 — Relations With Third Persons
Cal. Prob. Code § 4306
- Type
- Statute
- Source
- California Probate Code
- Jurisdiction
- California
- Date
- 1995-01-01
- Current through
- Nov 2, 2026 (California Legislative Counsel)
(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…
Citator
Cal. Prob. Code § 4306 — Relations With Third Persons is in force in the current edition of the Code, and nothing recorded condemns it.
(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.