Oklahoma § 58-3020 - Liability for refusal to accept acknowledged power of

§ 58-3020. Liability for refusal to accept acknowledged 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

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.

Added by Laws 2021, c. 332, § 20, eff. Nov. 1, 2021.