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§58-1063.


§58-1063.
   
   A. Any person over eighteen (18) years of age may execute a supervised
   power ofattorney pursuant to the provisions of this section.
   
   B. A supervised power of attorney is a power of attorney by which a
   person nominates another to be the attorney-in-fact of such person and
   charges such attorney-in-fact with the care, custody and management of
   the estate of such person and which is approved by the court as such.
   
   C. Any such nomination shall be by a written instrument approved by
   the district court of the county of residence of the person executing
   the power upon a petition filed by such person.
   
   Before approving any such nomination, the court shall cause notice of
   such petition to be:
   
   1. published for at least one (1) time in a newspaper, authorized to
   publish legal notices, of general circulation in the county in which
   the petition has been filed; and
   
   2. mailed by certified mail to each heir-at-law of the person creating
   the power at such heir's address as last known to the petitioner.
   
   Such notice shall be published or mailed as required, at least ten
   (10) days prior to the date set by the court for hearing on the
   petition. After hearing and examination upon such petition, the
   district court shall approve of such supervised power of attorney if
   it appears to the court that such approval would be in the best
   interest of the petitioner.
   
   D. The holder of a supervised power of attorney shall give bond to the
   State of Oklahoma in like manner and with like conditions as provided
   for guardians of incapacitated and partially incapacitated persons
   unless the court determines that a bond is not necessary.
   
   E. Upon the appointment of a holder of a supervised power of attorney
   and approval thereof by the court, the person shall not thereafter
   have the power to enter into any contract creating an obligation
   against his estate except for necessities. All acts done by the holder
   of a supervised power of attorney shall have the same effect and inure
   to the benefit of and bind such person and his heirs-at-law. A
   supervised power of attorney shall not be affected by the subsequent
   disability or incapacity of the person executing it.
   
   F. The holder of a supervised power of attorney shall be required to
   make at least an annual accounting to the court and to the person of
   any receipts and disbursements received or expenditures made by the
   holder of the supervised power of attorney on behalf of such person
   during the previous year. The court shall set the accounting for
   hearing and cause notice to be mailed to the person and to each of his
   heirs-at-law at such heir's address as last known to the holder of the
   power of attorney at least ten (10) days prior to the hearing. At the
   hearing the court shall examine such account and approve the same if
   all receipts appear to be accounted for and if all expenditures appear
   to be proper and in the best interests of the ward.
   
   G. The holder of a supervised power of attorney may receive as
   compensation for his services the compensation provided by law for
   guardians pursuant to the provisions of Section 4-401 of Title 30 of
   the Oklahoma Statutes if allowed by the court.
   
   H. Except as otherwise provided in this section, the holder of a
   supervised power of attorney shall comply with all laws applying to
   the estate of a person under guardianship insofar as they pertain to
   the sale, mortgage or leasing of the property of a person granting
   such power.
   
   I. A supervised power of attorney may be discharged by the court upon
   the application of the person, any of his heirs-at-law, or the holder
   of the supervised power of attorney or otherwise upon such notice to
   the person, his heirs-at-law, or the holder of the supervised power of
   attorney not joining in the petition as the court may determine
   reasonable and proper, when it appears that the supervised power of
   attorney is no longer necessary. Upon the termination of a supervised
   power of attorney, a holder of a supervised power of attorney shall
   account to the court and shall turn over all assets in his possession
   belonging to the person either to such person or to his personal
   representative as the court shall direct.
   
   J. A holder of a supervised power of attorney shall keep safe the
   estate of the person and shall perform diligently and in good faith,
   as a prudent person would manage his own property, not with regard to
   speculation but with regard to conservation and growth, the specific
   duties and powers granted by the supervised power of attorney.
   
   K. As used in this section the term "heirs-at-law" shall mean those
   persons then living who would inherit from the person executing the
   supervised power of attorney under Section 213 of Title 84 of the
   Oklahoma Statutes should such person die at the time in question.
   

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