Oklahoma § 58-3035 - Claims and litigation

§ 58-3035. Claims and litigation

Unless the power of attorney otherwise provides, language in a

power of attorney granting general authority with respect to claims

and litigation authorizes the agent to:

1. Assert and maintain before a court or administrative agency

a claim, claim for relief, cause of action, counterclaim, offset,

recoupment or defense, including an action to recover property or

other thing of value, recover damages sustained by the principal,

eliminate or modify tax liability, or seek an injunction, specific

performance or other relief;

2. Bring an action to determine adverse claims or intervene or

otherwise participate in litigation;

3. Seek an attachment, garnishment, order of arrest or other

preliminary, provisional or intermediate relief and use an available

procedure to effect or satisfy a judgment, order or decree;

Oklahoma Statutes - Title 58. Probate Procedure

4. Make or accept a tender, offer of judgment or admission of

facts, submit a controversy on an agreed statement of facts, consent

to examination, and bind the principal in litigation;

5. Submit to alternative dispute resolution, settle and propose

or accept a compromise;

6. Waive the issuance and service of process upon the

principal, accept service of process, appear for the principal,

designate persons upon which process directed to the principal may

be served, execute and file or deliver stipulations on the

principal's behalf, verify pleadings, seek appellate review, procure

and give surety and indemnity bonds, contract and pay for the

preparation and printing of records and briefs, receive, execute and

file or deliver a consent, waiver, release, confession of judgment,

satisfaction of judgment, notice, agreement or other instrument in

connection with the prosecution, settlement or defense of a claim or

litigation;

7. Act for the principal with respect to bankruptcy or

insolvency, whether voluntary or involuntary, concerning the

principal or some other person, or with respect to a reorganization,

receivership, or application for the appointment of a receiver or

trustee which affects an interest of the principal in property or

other thing of value;

8. Pay a judgment, award or order against the principal or a

settlement made in connection with a claim or litigation; and

9. Receive money or other thing of value paid in settlement of

or as proceeds of a claim or litigation.

Added by Laws 2021, c. 332, § 35, eff. Nov. 1, 2021.