Okla. Stat. tit. 58, § 58-3024
This is the official text of Okla. Stat. tit. 58, § 58-3024, 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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Authority that requires specific grant – Grant of general
Official statutory text
authority.
A. An agent under a power of attorney may do the following on
behalf of the principal or with the principal's property only if the
power of attorney expressly grants the agent the authority and
exercise of the authority is not otherwise prohibited by another
agreement or instrument to which the authority or property is
subject:
1. Create, amend, revoke or terminate an inter vivos trust;
2. Make a gift;
3. Create or change rights of survivorship;
4. Create or change a beneficiary designation;
5. Delegate authority granted under the power of attorney;
Oklahoma Statutes - Title 58. Probate Procedure Page 173
6. Waive the principal's right to be a beneficiary of a joint
and survivor annuity, including a survivor benefit under a
retirement plan;
7. Exercise fiduciary powers that the principal has authority
to delegate;
8. Exercise authority over the content of electronic
communications, as defined in 18 U.S.C., Section 2510(12), as
amended, sent or received by the principal; or
9. Disclaim property, including a power of appointment.
B. Notwithstanding a grant of authority to do an act described
in subsection A of this section, unless the power of attorney
otherwise provides, an agent that is not an ancestor, spouse or
descendant of the principal may not exercise authority under a power
of attorney to create in the agent, or in an individual to whom the
agent owes a legal obligation of support, an interest in the
principal's property, whether by gift, right of survivorship,
beneficiary designation, disclaimer or otherwise.
C. Subject to subsections A, B, D and E of this section, if a
power of attorney grants to an agent authority to do all acts that a
principal could do, the agent has the general authority described in
Sections 27 through 39 of this act.
D. Unless the power of attorney otherwise provides, a grant of
authority to make a gift is subject to Section 40 of this act.
E. Subject to subsections A, B and D of this section, if the
subjects over which authority is granted in a power of attorney are
similar or overlap, the broadest authority controls.
F. Authority granted in a power of attorney is exercisable with
respect to property that the principal has when the power of
attorney is executed or acquires later, whether or not the property
is located in this state and whether or not the authority is
exercised or the power of attorney is executed in this state.
G. An act performed by an agent pursuant to a power of attorney
has the same effect and inures to the benefit of and binds the
principal and the principal's successors in interest as if the
principal had performed the act.
A. An agent under a power of attorney may do the following on
behalf of the principal or with the principal's property only if the
power of attorney expressly grants the agent the authority and
exercise of the authority is not otherwise prohibited by another
agreement or instrument to which the authority or property is
subject:
1. Create, amend, revoke or terminate an inter vivos trust;
2. Make a gift;
3. Create or change rights of survivorship;
4. Create or change a beneficiary designation;
5. Delegate authority granted under the power of attorney;
Oklahoma Statutes - Title 58. Probate Procedure Page 173
6. Waive the principal's right to be a beneficiary of a joint
and survivor annuity, including a survivor benefit under a
retirement plan;
7. Exercise fiduciary powers that the principal has authority
to delegate;
8. Exercise authority over the content of electronic
communications, as defined in 18 U.S.C., Section 2510(12), as
amended, sent or received by the principal; or
9. Disclaim property, including a power of appointment.
B. Notwithstanding a grant of authority to do an act described
in subsection A of this section, unless the power of attorney
otherwise provides, an agent that is not an ancestor, spouse or
descendant of the principal may not exercise authority under a power
of attorney to create in the agent, or in an individual to whom the
agent owes a legal obligation of support, an interest in the
principal's property, whether by gift, right of survivorship,
beneficiary designation, disclaimer or otherwise.
C. Subject to subsections A, B, D and E of this section, if a
power of attorney grants to an agent authority to do all acts that a
principal could do, the agent has the general authority described in
Sections 27 through 39 of this act.
D. Unless the power of attorney otherwise provides, a grant of
authority to make a gift is subject to Section 40 of this act.
E. Subject to subsections A, B and D of this section, if the
subjects over which authority is granted in a power of attorney are
similar or overlap, the broadest authority controls.
F. Authority granted in a power of attorney is exercisable with
respect to property that the principal has when the power of
attorney is executed or acquires later, whether or not the property
is located in this state and whether or not the authority is
exercised or the power of attorney is executed in this state.
G. An act performed by an agent pursuant to a power of attorney
has the same effect and inures to the benefit of and binds the
principal and the principal's successors in interest as if the
principal had performed the act.
Status: in_force · Read it on the official government site
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