Oklahoma § 58-3014 - Agent's duties

§ 58-3014. Agent's duties

A. Notwithstanding provisions in the power of attorney, an

agent that has accepted appointment shall:

1. Act in accordance with the principal's reasonable

expectations to the extent actually known by the agent and,

otherwise, in the principal's best interest;

2. Act in good faith; and

3. Act only within the scope of authority granted in the power

of attorney.

B. Except as otherwise provided in the power of attorney, an

agent that has accepted appointment shall:

1. Act loyally for the principal's benefit;

2. Act so as not to create a conflict of interest that impairs

the agent's ability to act impartially in the principal's best

interest;

3. Act with the care, competence and diligence ordinarily

exercised by agents in similar circumstances;

Oklahoma Statutes - Title 58. Probate Procedure

4. Keep a record of all receipts, disbursements and

transactions made on behalf of the principal;

5. Cooperate with a person that has authority to make health

care decisions for the principal to carry out the principal's

reasonable expectations to the extent actually known by the agent

and, otherwise, act in the principal's best interest; and

6. Attempt to preserve the principal's estate plan, to the

extent actually known by the agent, if preserving the plan is

consistent with the principal's best interest based on all relevant

factors, including:

a.

the value and nature of the principal's property,

b.

the principal's foreseeable obligations and need for

maintenance,

c.

minimization of taxes, including income, estate,

inheritance, generation-skipping transfer and gift

taxes, and

d.

eligibility for a benefit, a program or assistance

under a statute or regulation.

C. An agent that acts in good faith is not liable to any

beneficiary of the principal's estate plan for failure to preserve

the plan.

D. An agent that acts with care, competence and diligence for

the best interest of the principal is not liable solely because the

agent also benefits from the act or has an individual or conflicting

interest in relation to the property or affairs of the principal.

E. If an agent is selected by the principal because of special

skills or expertise possessed by the agent or in reliance on the

agent's representation that the agent has special skills or

expertise, the special skills or expertise must be considered in

determining whether the agent has acted with care, competence and

diligence under the circumstances.

F. Absent a breach of duty to the principal, an agent is not

liable if the value of the principal's property declines.

G. An agent that exercises authority to delegate to another

person the authority granted by the principal or that engages

another person on behalf of the principal is not liable for an act,

error of judgment or default of that person if the agent exercises

care, competence and diligence in selecting and monitoring the

person.

H. Except as otherwise provided in the power of attorney, an

agent is not required to disclose receipts, disbursements or

transactions conducted on behalf of the principal unless ordered by

a court or requested by the principal, a guardian, a conservator,

another fiduciary acting for the principal, a governmental agency

having authority to protect the welfare of the principal or, upon

the death of the principal, by the personal representative or

successor in interest of the principal's estate. If so requested,

Oklahoma Statutes - Title 58. Probate Procedure

within thirty (30) days the agent shall comply with the request or

provide a writing or other record substantiating why additional time

is needed and shall comply with the request within an additional

thirty (30) days.

Added by Laws 2021, c. 332, § 14, eff. Nov. 1, 2021.