The Oklahoma Power of Attorney prepares a legal understanding for an individual to deliver their existing authority regarding financial, medical, legal, tax, or parental matters to another person. There are several methods available to institute granted controls, with different forms provided to fit the need of the issuing principal. A durable contract can be utilized to entrust an attorney-in-fact with the power to make decisions in a specified area that remains in effect even in the event of a granting party’s incapacitation. An advance directive, used to provide medical agency, combines a POA for healthcare with a defined summary of preferences for treatment should an unforeseen event occur and they are unable to voice their wishes. Additional furnished agreements implement the transfer of limited permissions that can be tailored to the specific need. Consider seeking legal counsel before finalizing a POA document as the commitment is binding upon execution.
Laws
Statutes – Oklahoma Statutes Citationized Title 58 Chapter 29 – Uniform Power of Attorney Act (58 O.S. § 3001 – 3045) and Oklahoma Statutes Citationized Title 63 Chapter 60 – Oklahoma Advance Directive Act (§ 63.3101 – 63.3111)
Definition – “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used (58 O.S. § 3002(7)).
Signing Requirements – For proper acknowledgment to occur, the Oklahoma state legislature mandates two (2) witnesses to oversee and corroborate the execution of the form along with a notary official. Effective November 1, 2021, the state’s requirements will be reduced to only requiring the notarization by a licensed professional to establish the enforceability of the contract (58 O.S. § 3005).
Revocation – 58 O.S. § 3010
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – A secure form that sets aside a desired action plan to take concerning medical treatment in the event a person becomes incapacitated. Summarized in the agreement are various selections to make for health care procedures and the designation of an agent to make decisions that are not included in the arranged materials.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement will be needed via two (2) signing witnesses that are both not related to the principal by blood or marriage and not included in the contract.
Durable (Financial) Power of Attorney – Files an endowment of controls to an alternate person to handle designated areas of an individual’s financial, legal, tax, or insurance affairs. The indicated agent can perform the permitted actions should circumstances come about where the principal is incapacitated.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment must be received by two (2) acceptable witnesses and notary public.
General (Financial) Power of Attorney – Executes an order to extend privileges to another to allow them to take action on behalf of a declarant concerning the assigned areas of selection.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement mandated by the state of Oklahoma requires a notary to oversee corroborate the event.
Limited (Special) Power of Attorney – Authorizes a person to convey a small number of powers to an indicated individual for a proposed amount of time.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement from a notary will be obligated to create the arrangement’s legal standing.
Minor Child Power of Attorney – Denotes a written understanding to administer parental controls to another person temporarily.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement can be achieved by commissioning a notary public to witness and affix their signature to the form.
Motor Vehicle Power of Attorney – Conveys powers concerning an automobile from a vehicle owner to a specified agent.
Download: PDF
Signing Requirements: Acknowledgement from a licensed notary will be needed to make finalize the commitment.
Real Estate Power of Attorney – Permits another person to receive allocated privileges to sign for and conduct transactions involving a principal’s real property.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment by way of notarization is mandated according to the Oklahoma Uniform Power of Attorney Act (58 O.S. § 3005).
Revocation of Power of Attorney – Removes the agency controls bestowed in a previously instated POA.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement will necessitate the supervision of a qualified notary.
Tax Power of Attorney (Form BT-129) – Initiates the endowment of permissions for a specialist to represent a taxpayer legally.
Download: PDF
Signing Requirements: Acknowledgement by the principal and agent must be obtained before submission.