reglab/housing_qa huggingface dataset:
58 OK Stat § 58-1255 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1255. Grantee interest subject to encumbrances - Non-consensual lien - Lapse of transfer.

|A. Grantee beneficiaries of a transfer-on-death deed take the interest of the record owner in the real estate at the death of the grantor owner, free and clear of any claims or interest under Section 44 of Title 84 of the Oklahoma Statutes as to a person who became the spouse of the grantor subsequent to the execution of the transfer-on-death deed, subject to all recorded conveyances, assignments, contracts, mortgages, liens and security pledges made by the record owner or to which the record owner was subject during the lifetime of the record owner including, but not limited to, any recorded executory contract of sale, option to purchase, lease, license, easement, mortgage, deed of trust or lien, and to any interest conveyed by the record owner that is less than all of the record owner's interest in the property, provided however, a non-consensual lien against the grantee beneficiary shall not attach to the property until the recording of the affidavit described in Section 1252 of this title. |B. If one or more of the grantee beneficiaries dies prior to the death of the grantor owner, the transfer to those beneficiaries who predecease the grantor owner shall lapse. In the event the grantee beneficiaries are designated in the deed to be joint tenants with right of survivorship, the death of one or more of the grantee beneficiaries prior to the death of the grantor owner shall not invalidate an otherwise validly created joint tenancy estate as to those grantee beneficiaries who are living at the time of the death of the grantor owner.Added by Laws 2008, c. 78, § 5, eff. Nov. 1, 2008. Amended by Laws 2011, c. 372, § 3, eff. Nov. 1, 2011.
58 OK Stat § 58-1256 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1256. Effect of deed on joint tenancy – “Joint owner” defined.

|A. A record joint owner of an interest in real estate may use the procedures in the Nontestamentary Transfer of Property Act to title the interest in transfer-on-death form. However, title to the interest shall vest in the designated grantee beneficiary or beneficiaries only if the record joint owner is the last to die of all of the record joint owners of the interest. A deed in transfer-on-death form shall not sever a joint tenancy. |B. As used in this section, "joint owner" means a person who owns an interest in real estate as a joint tenant with right of survivorship.Added by Laws 2008, c. 78, § 6, eff. Nov. 1, 2008.
58 OK Stat § 58-1257 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1257. Record owner considered absolute owner.

|A record owner who executes a transfer-on-death deed remains the legal and equitable owner until the death of the owner and during the lifetime of the owner is considered an absolute owner as regards creditors and purchasers. |Added by Laws 2008, c. 78, § 7, eff. Nov. 1, 2008.
58 OK Stat § 58-1258 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1258. Transfer-on-death deed not considered testamentary disposition.

|A deed in transfer-on-death form, executed in conformity with the Nontestamentary Transfer of Property Act, shall not be considered a testamentary disposition and shall not be invalidated due to nonconformity with other provisions in Title 58 or Title 84 of the Oklahoma Statutes. |Added by Laws 2008, c. 78, § 8, eff. Nov. 1, 2008.
58 OK Stat § 58-3001 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3001. Short title - Uniform Power of Attorney Act.

|This act shall be known and may be cited as the "Uniform Power of Attorney Act". |Added by Laws 2021, c. 332, § 1, eff. Nov. 1, 2021.
58 OK Stat § 58-3003 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3003. Applicability.

|This act applies to all powers of attorney except: |1. A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;2. A power to make health care decisions;3. A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and4. A power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.Added by Laws 2021, c. 332, § 3, eff. Nov. 1, 2021.
58 OK Stat § 58-3004 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3004. Power of attorney is durable.

|A power of attorney created under this act is durable unless it expressly provides that it is terminated by the incapacity of the principal. |Added by Laws 2021, c. 332, § 4, eff. Nov. 1, 2021.
58 OK Stat § 58-3005 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3005. Execution of power of attorney.

|A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. |Added by Laws 2021, c. 332, § 5, eff. Nov. 1, 2021.
58 OK Stat § 58-3006 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3006. Validity of power of attorney.

|A. A power of attorney executed in this state on or after the effective date of this act is valid if its execution complies with Section 5 of this act. |B. A power of attorney executed in this state before the effective date of this act is valid if its execution complied with the law of this state as it existed at the time of execution.C. A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:1. The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section 7 of this act; or2. The requirements for a military power of attorney pursuant to 10 U.S.C., Section 1044b, as amended.D. Except as otherwise provided by statute other than this act, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.Added by Laws 2021, c. 332, § 6, eff. Nov. 1, 2021.
58 OK Stat § 58-3007 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3007. Meaning and effect of power of attorney.

|The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. |Added by Laws 2021, c. 332, § 7, eff. Nov. 1, 2021.
58 OK Stat § 58-3008 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3008. Nomination of guardian – Relation of agent to court-appointed fiduciary.

|A. In a power of attorney, a principal may nominate a guardian of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination. |B. If, after a principal executes a power of attorney, a court appoints a guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended or terminated by the court.Added by Laws 2021, c. 332, § 8, eff. Nov. 1, 2021.
58 OK Stat § 58-3009 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3009. When power of attorney effective.

|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 event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.C. If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:1. A physician or licensed psychologist that the principal is incapacitated within the meaning of subparagraph a of paragraph 5 of Section 2 of this act; or2. An attorney at law, a judge or an appropriate governmental official that the principal is incapacitated within the meaning of subparagraph b of paragraph 5 of Section 2 of this act.D. A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C., Section 1320d, as amended, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider.Added by Laws 2021, c. 332, § 9, eff. Nov. 1, 2021.
58 OK Stat § 58-3010 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3010. Termination of power of attorney or agent's authority.

|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 attorney is accomplished; or6. The principal revokes the agent's authority or the agent dies, becomes incapacitated or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.B. An agent's authority terminates when:1. The principal revokes the authority;2. The agent dies, becomes incapacitated or resigns;3. An action is filed for divorce or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or4. The power of attorney terminates.C. Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection B of this section, notwithstanding a lapse of time since the execution of the power of attorney.D. Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.E. Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.F. The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.Added by Laws 2021, c. 332, § 10, eff. Nov. 1, 2021.
58 OK Stat § 58-3011 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3011. Coagents and successor agents.

|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 incapacitated, is not qualified to serve or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office or function. Unless the power of attorney otherwise provides, a successor agent:1. Has the same authority as that granted to the original agent; and2. May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve or have declined to serve.C. Except as otherwise provided in the power of attorney and subsection D of this section, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.D. An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.Added by Laws 2021, c. 332, § 11, eff. Nov. 1, 2021.
58 OK Stat § 58-3012 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3012. Reimbursement and compensation of agent.

|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.
58 OK Stat § 58-3013 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3013. Acceptance as agent.

|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. Nov. 1, 2021.
58 OK Stat § 58-3015 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3015. Exoneration.

|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 improper motive or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or2. Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.Added by Laws 2021, c. 332, § 15, eff. Nov. 1, 2021.
58 OK Stat § 58-3016 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3016. Judicial relief.

|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 care decisions for the principal;4. The principal's spouse, parent or descendant;5. An individual who would qualify as a presumptive heir of the principal;6. A person named as a beneficiary to receive any property, benefit or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;7. A governmental agency having regulatory authority to protect the welfare of the principal;8. The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and9. A person asked to accept the power of attorney.B. Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.Added by Laws 2021, c. 332, § 16, eff. Nov. 1, 2021.
58 OK Stat § 58-3017 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3017. Agent's liability.

|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; and2. Reimburse the principal or the principal's successors in interest for the attorney fees and costs paid on the agent's behalf.Added by Laws 2021, c. 332, § 17, eff. Nov. 1, 2021.
58 OK Stat § 58-3018 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3018. Agent's resignation - Notice.

|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; or2. If there is no person described in paragraph 1 of this section, to:a.the principal's caregiver,b.another person reasonably believed by the agent to have sufficient interest in the principal's welfare, orc.a governmental agency having authority to protect the welfare of the principal.Added by Laws 2021, c. 332, § 18, eff. Nov. 1, 2021.
58 OK Stat § 58-3019 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§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;2. An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and3. 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.
58 OK Stat § 58-3020 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§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; and3. 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 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; or6. 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; and2. 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.
58 OK Stat § 58-3021 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3021. Principles of law and equity.

|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.
58 OK Stat § 58-3022 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3022. Laws applicable to financial institutions and entities.

|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.
58 OK Stat § 58-3023 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-3023. Remedies under other law.

|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.