Okla. Stat. tit. 58, § 58-3019
This is the official text of Okla. Stat. tit. 58, § 58-3019, part of Oklahoma’s Stat. tit. 58, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 58,." Browse the sections below, each linked to its official government source.
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Acceptance of and reliance upon acknowledged power of
Official statutory text
attorney.
A. For purposes of this section and Section 20 of this act,
"acknowledged" means purportedly verified before a notary public or
other individual authorized to take acknowledgements.
B. A person that in good faith accepts an acknowledged power of
attorney without actual knowledge that the signature is not genuine
may rely upon the presumption under Section 5 of this act that the
signature is genuine.
C. A person that in good faith accepts an 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 had properly exercised
the authority.
D. A person that is asked to accept an acknowledged power of
attorney may request, and rely upon, without further investigation:
1. An agent's certification under penalty of perjury of any
factual matter concerning the principal, agent or power of attorney;
Oklahoma Statutes - Title 58. Probate Procedure Page 171
2. An English translation of the power of attorney if the power
of attorney contains, in whole or in part, language other than
English; and
3. An opinion of counsel as to any matter of law concerning the
power of attorney if the person making the request provides in a
writing or other record the reason for the request.
E. An English translation or an opinion of counsel requested
under this section must be provided at the principal's expense
unless the request is made more than seven (7) business days after
the power of attorney is presented for acceptance.
F. For purposes of this section and Section 20 of this act, a
person that conducts activities through employees is without actual
knowledge of a fact relating to a power of attorney, a principal or
an agent if the employee conducting the transaction involving the
power of attorney is without actual knowledge of the fact.
A. For purposes of this section and Section 20 of this act,
"acknowledged" means purportedly verified before a notary public or
other individual authorized to take acknowledgements.
B. A person that in good faith accepts an acknowledged power of
attorney without actual knowledge that the signature is not genuine
may rely upon the presumption under Section 5 of this act that the
signature is genuine.
C. A person that in good faith accepts an 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 had properly exercised
the authority.
D. A person that is asked to accept an acknowledged power of
attorney may request, and rely upon, without further investigation:
1. An agent's certification under penalty of perjury of any
factual matter concerning the principal, agent or power of attorney;
Oklahoma Statutes - Title 58. Probate Procedure Page 171
2. An English translation of the power of attorney if the power
of attorney contains, in whole or in part, language other than
English; and
3. An opinion of counsel as to any matter of law concerning the
power of attorney if the person making the request provides in a
writing or other record the reason for the request.
E. An English translation or an opinion of counsel requested
under this section must be provided at the principal's expense
unless the request is made more than seven (7) business days after
the power of attorney is presented for acceptance.
F. For purposes of this section and Section 20 of this act, a
person that conducts activities through employees is without actual
knowledge of a fact relating to a power of attorney, a principal or
an agent if the employee conducting the transaction involving the
power of attorney is without actual knowledge of the fact.
Status: in_force · Read it on the official government site
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