Oklahoma § 58-3019 - Acceptance of and reliance upon acknowledged power of

§ 58-3019. Acceptance of and reliance upon acknowledged power of

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

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.

Added by Laws 2021, c. 332, § 19, eff. Nov. 1, 2021.