Okla. Stat. tit. 58, § 58-3020
This is the official text of Okla. Stat. tit. 58, § 58-3020, 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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Liability for refusal to accept acknowledged power of
Official statutory text
attorney.
A. Except as otherwise provided in subsection B of this
section:
1. A person shall either accept an acknowledged power of
attorney or request a certification, a translation or an opinion of
counsel under subsection D of Section 19 of this act no later than
seven (7) business days after presentation of the power of attorney
for acceptance;
2. If a person requests a certification, a translation or an
opinion of counsel under subsection D of Section 19 of this act, the
person shall accept the power of attorney no later than five (5)
business days after receipt of the certification, translation or
opinion of counsel; and
3. A person may not require an additional or different form of
power of attorney for authority granted in the power of attorney
presented.
B. A person is not required to accept an acknowledged power of
attorney if:
1. The person is not otherwise required to engage in a
transaction with the principal in the same circumstances;
2. Engaging in a transaction with the agent or the principal in
the same circumstances would be inconsistent with federal law;
3. The person has actual knowledge of the termination of the
agent's authority or of the power of attorney before exercise of the
power;
4. A request for a certification, a translation or an opinion
of counsel under subsection D of Section 19 of this act is refused;
5. The person in good faith believes that the power is not
valid or that the agent does not have the authority to perform the
Oklahoma Statutes - Title 58. Probate Procedure Page 172
act requested, whether or not a certification, a translation or an
opinion of counsel under subsection D of Section 19 of this act has
been requested or provided; or
6. The person makes, or has actual knowledge that another
person has made, a report to the Adult Protective Services office
stating a good-faith belief that the principal may be subject to
physical or financial abuse, neglect, exploitation or abandonment by
the agent or a person acting for or with the agent.
C. A person that refuses in violation of this section to accept
an acknowledged power of attorney is subject to:
1. A court order mandating acceptance of the power of attorney;
and
2. Liability for reasonable attorney fees and costs incurred in
any action or proceeding that confirms the validity of the power of
attorney or mandates acceptance of the power of attorney.
A. Except as otherwise provided in subsection B of this
section:
1. A person shall either accept an acknowledged power of
attorney or request a certification, a translation or an opinion of
counsel under subsection D of Section 19 of this act no later than
seven (7) business days after presentation of the power of attorney
for acceptance;
2. If a person requests a certification, a translation or an
opinion of counsel under subsection D of Section 19 of this act, the
person shall accept the power of attorney no later than five (5)
business days after receipt of the certification, translation or
opinion of counsel; and
3. A person may not require an additional or different form of
power of attorney for authority granted in the power of attorney
presented.
B. A person is not required to accept an acknowledged power of
attorney if:
1. The person is not otherwise required to engage in a
transaction with the principal in the same circumstances;
2. Engaging in a transaction with the agent or the principal in
the same circumstances would be inconsistent with federal law;
3. The person has actual knowledge of the termination of the
agent's authority or of the power of attorney before exercise of the
power;
4. A request for a certification, a translation or an opinion
of counsel under subsection D of Section 19 of this act is refused;
5. The person in good faith believes that the power is not
valid or that the agent does not have the authority to perform the
Oklahoma Statutes - Title 58. Probate Procedure Page 172
act requested, whether or not a certification, a translation or an
opinion of counsel under subsection D of Section 19 of this act has
been requested or provided; or
6. The person makes, or has actual knowledge that another
person has made, a report to the Adult Protective Services office
stating a good-faith belief that the principal may be subject to
physical or financial abuse, neglect, exploitation or abandonment by
the agent or a person acting for or with the agent.
C. A person that refuses in violation of this section to accept
an acknowledged power of attorney is subject to:
1. A court order mandating acceptance of the power of attorney;
and
2. Liability for reasonable attorney fees and costs incurred in
any action or proceeding that confirms the validity of the power of
attorney or mandates acceptance of the power of attorney.
Status: in_force · Read it on the official government site
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