A POWER OF ATTORNEY IS... Your legal authorization for someone else to act on your behalf. A chance to preserve your voice, make your wishes known, when you can't speak for yourself. Valid until cancelled, until an expiration date or until you die.
Examples of when to use a POA. When parents must leave their children with relatives or others for a period of time and a consent to medical care is needed. When a spouse cannot be present at a real estate closing. When an older person may wish a relative to conduct business for them.
A doctor determines competency , but in the POA you can establish a test to guide the doctor.
In 2021, the Oklahoma legislature passed the Uniform Power of Attorney Act. (UPOAA) As of this writing, 29 states have enacted the UPOAA, and the UPOAA has been introduced in several other states. (Click here to see which states have passed the UPOAA, and which states are considering it.)
There’s really only one type of power of attorney. However, you can create the power of attorney so that the power will accomplish different results.
A durable power of attorney (DPOA), is a power of attorney that remains in force, even after the principal becomes incapacitated.
It is definitely wise for you to consider creating a power of attorney so that someone can take care of your property if you are unable to. The Persaud Law Office has created powers of attorney for many people. If you would like us to help you create a power of attorney, contact us today.
Oklahoma power of attorney forms let a person choose someone else to act in their place and make decisions on their behalf. There are many types ranging from handling financial affairs to selecting medical choices for someone while acting in their best interest. The person granting power, the “principal”, has the option to give durable powers ...
General (Financial) Power of Attorney – Similar to the “durable” form in that it allows a person to appoint another to handle general financial affairs, however, this type terminates upon a person’s incapacity.
Signing Requirements ( § 58-1072.2 ): Two (2) witnesses (in addition, notarization is also recommended, but not required) General (Financial) Power of Attorney – Similar to the “durable” form in that it allows a person to appoint another to handle general financial affairs, however, this type terminates upon a person’s incapacity.
Limited Power of Attorney – Used when a person wants to appoint someone to handle a discreet transaction or act for a short time frame.
The person granting power, the “principal”, has the option to give durable powers that would have the form remain in effect even if the principal should become incapacitated. Any of the forms can be used after they have been signed under the requirements of State law.
You can make several different types of POAs in Oklahoma. In particular, many estate plans include two POAs:
For your POA to be valid in Oklahoma, it must meet these requirements.
Oklahoma offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Oklahoma POA Requirements. Oklahoma is one of several states in the US that has adopted and enacted the Uniform Power of Attorney Act. A POA that complies with the Oklahoma POA statues must contain the following elements:
The person assigning power of attorney is the “principal” and the person given the authority to make decisions is the “agent.”
Having a tax power of attorney in place means that your agent or proxy can act on your behalf in relation to tax matters.
In addition, the principal must sign the document in the presence of two witnesses. The witnesses must be 18 years of age or older and must not be a relative (by blood or by marriage) of the principal. Similarly, the agent or their family cannot serve as witnesses. The POA document must also be notarized.
Updated November 17, 2020. Power of attorney (POA) is the legal power for someone to act for you in certain circumstances. Those circumstances usually involve making medical decisions in emergency scenarios or financial decisions if you’re unable to make them on your own. The person assigning power of attorney is the “principal” and ...
A limited power of attorney form allows you to limit the powers you give to an agent, and have them carry out specific tasks.
With an Oklahoma medical power of attorney in place, your doctors will be legally authorized to follow your specified care path, should you become incapacitated.
Definition of “Durable”. The Oklahoma Statutes do not define “durable,” but do provide that all acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of disability, incapacity, or extended absence of the principal have the same effect and inure to the benefit of and bind the principal ...
(20) Signature Date. The Oklahoma delegation being made requires a witnessed and notarized signature from the Principal. This signature must also be dated. Thus, prior to signing this form, report the current date.
(7) Banking Powers. Your approval is the only tool that will grant the Attorney-in-Fact principal power over your financial affairs. The first step in this process will be to select each principal power you wish delegated to the Attorney-in-Fact from the displayed list by documenting your initials of approval . Therefore, to give your Attorney-in-Fact the right to deal with banks and other financial institutions in your name (i.e., opening an account in your name), you must initial the first defined power.
The Oklahoma Statutes do not include a sample statutory durable power of attorney form.
Give the Oklahoma court clerk the durable power of attorney document. You should have as many copies as you think you will need. The court clerk will take your original document and certify the copies as being true copies of the original document. Pay the required court fee. This fee will vary. If you need to know the amount before arriving, call the county clerk office.
A durable power of attorney is a document giving another person the legal right to handle your general, financial and health care decisions. The durable power of attorney goes into effect when you are mentally incompetent.
You will list an agent who is responsible for following the terms listed in your power of attorney. Filing the document with the Oklahoma courts is not required to make the document legal, but it is an available option.
The new law repeals the portion of the old law which gave individuals the ability to appoint a power of attorney for healthcare purposes. Under the old law, individuals could be proactive about their healthcare decisions and designate someone to make those decisions on their behalf in the event of their incapacitation.
The new law ensures that the Uniform Power of Attorney Act will apply to all powers of attorney, except for the power to make healthcare decisions.
The passage of House Bill 2548 will not affect pre-existing power of attorney arrangements. However, starting November 1st, any new agreements designating a power of attorney for health care decisions will be invalid. While it provides fewer options when making arrangements for end-of-life care, it doesn't leave you without the ability to plan.