Title 58 — Title 58 — Probate Procedure

A. A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. B. If a power of attorney becomes effective upon the occurrence of a future…

A. A power of attorney terminates when: 1. The principal dies; 2. The principal becomes incapacitated, if the power of attorney is not durable; 3. The principal revokes the power of attorney; 4. The power of attorney provides that it terminates; 5. The purpose of the power of att…

A. A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently. B. A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapac…

Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. Added by Laws 2021, c. 332, § 12, eff. Nov. 1, 2021.

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. Added by Laws 2021, c. 332, § 13, eff. No…

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…

A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision: 1. Relieves the agent of liability for breach of duty committed dishonestly, with an im…

A. The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief: 1. The principal or the agent; 2. A guardian, conservator or other fiduciary acting for the principal; 3. A person authorized to make health c…

An agent that violates this act is liable to the principal or the principal's successors in interest for the amount required to: 1. Restore the value of the principal's property to what it would have been had the violation not occurred; and 2. Reimburse the principal or the princ…

Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: 1. To the guardian, if one has been appointed for the principal, and a coagent or successor agent; or…

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 …

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) bus…

Unless displaced by a provision of this act, the principles of law and equity supplement this act. Added by Laws 2021, c. 332, § 21, eff. Nov. 1, 2021.

This act does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this act. Added by Laws 2021, c. 332, § 22, eff. Nov. 1, 2021.

The remedies under this act are not exclusive and do not abrogate any right or remedy under the law of this state other than this act. Added by Laws 2021, c. 332, § 23, eff. Nov. 1, 2021.

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 …

A. An agent has authority described in this act if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Sections 27 through 40 of this act or cites the section in which the authority is described. B. A reference in a po…

Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in Sections 27 through 40 of this act or that grants to an agent authority to do all acts that a principal could do pursuant to subsection C …

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to: 1. Demand, buy, lease, receive, accept as a gift or as security for an extension of credit or otherwise acquire or re…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to: 1. Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquir…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to: 1. Buy, sell and exchange stocks and bonds; 2. Establish, continue, modify or terminate an account with respect to…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to: 1. Buy, sell, exchange, assign, settle and exercise commodity futures contracts and call or put options on …

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to: 1. Continue, modify and terminate an account or other banking arrangement made by or on beha…

Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes th…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: 1. Continue, pay the premium or make a contribution on, modify, exchange, rescind, release or terminate a c…

A. In this section, "estate, trust or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment. B. Unless the power of attorn…

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, co…

A. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: 1. Perform the acts necessary to maintain the customary standard of living of the principal, the…

service. A. In this section, "benefits from governmental programs or civil or military service" means any benefit, program or assistance provided under a statute or regulation including Social Security, Medicare and Medicaid. B. Unless the power of attorney otherwise provides, la…

A. In this section, "retirement plan" means a plan or account created by an employer, the principal or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary or owner, including a plan or account under the f…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: 1. Prepare, sign and file federal, state, local and foreign income, gift, payroll, property, Federal Insurance Contributions …

A. In this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act (1983/1986), and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529, 26 U.S.C., Section 529,…

A document substantially in the following form may be used to create a statutory power of attorney form that has the meaning and effect prescribed by this act. OKLAHOMA STATUTORY POWER OF ATTORNEY FORM IMPORTANT INFORMATION This power of attorney authorizes another person (your a…

The following optional form may be used by an agent to certify facts concerning a Power of Attorney. AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY State of _____________________________ County of ___________________________ I, _______________…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Added by Laws 2021, c. 332, § 43, eff. Nov. 1, 2021.

Commerce Act. This act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C., Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C., Section 7001(c), or authorize electronic d…

Except as otherwise provided in this act, on the effective date of this act: 1. This act applies to a power of attorney created before, on or after the effective date of this act; 2. This act applies to a judicial proceeding concerning a power of attorney commenced on or after th…

An olographic will may be proved in the same manner that other private writings are proved. R.L.1910, § 6209.

Assets Act. This act shall be known and may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act". Added by Laws 2024, c. 115, § 1, eff. Nov. 1, 2024.

As used in this act: 1. "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user; 2. "Agent" means an attorney-in-fact granted au…

A. This act applies to: 1. A fiduciary acting under a will or power of attorney executed before, on, or after November 1, 2024; 2. A personal representative acting for a decedent who died before, on, or after November 1, 2024; 3. A guardianship proceeding commenced before, on, or…

A. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at al…

recipient rights. A. This act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. B. This act does not give a fiduciary or designated recipient any new or expanded rights other than those held…

A. When disclosing digital assets of a user under this act, the custodian may, at its sole discretion: 1. Grant a fiduciary or designated recipient full access to the user's account; 2. Grant a fiduciary or designated recipient partial access to the user's account sufficient to p…

deceased user. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by…

deceased user. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user, a catalog of electronic communications sent or received by the user and digital asset…

principal to agent. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the conte…

Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any event be subject to administration proceedings, except as in this title provided, until it is otherwise disposed of according to law; and upon the…

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal, a catalog of electronic communications se…

original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the cont…