Power of Attorney Forms in Oklahoma allow residents of the state to choose a legal agent that would act on their behalf, making decisions that range from financial to medical transactions.
Oklahoma’s legal bodies structure these forms so that the legal officer remains in control of all financial and medical transactions, on behalf of the principal, for as long as the principal wishes. In addition, the principal can opt for the Oklahoma power of attorney form to remain in effect, enabling the legal officer to make financial decisions when the principal is unable to do so. A power of attorney for Oklahoma typically comes into play when the principal cannot make a financially based decision, whether because of sickness, disability, or incapacitation.
Types of Oklahoma Power of Sttorney
There are ten types of power of attorney forms available for residents of Oklahoma. These forms become functional once they carry the appropriate signature, thus, declaring that they conform to the requirements of state laws.
The types of POA are:
Durable (Statutory) Power of Attorney
An Oklahoma "Durable" power of attorney form is a form that permits residents of Oklahoma to choose any legal officer (attorney-in-charge) who will act on their behalf, having partial or total control over their finances.
The term "durable" signifies that a power of attorney stands if the principal becomes incapacitated (i.e., suffering from mental health issues). Since the principal cannot make credit decisions due to their incapacitation, the durable power of attorney grants the attorney-in-charge the authority to continue making decisions.
Residents of Oklahoma typically utilize this form when they reach a certain age or believe that it would be best to commit their financial decisions to a more credible hand.
There are three versions of the Oklahoma Durable power of attorney.
- Standard Version
- org Version
- All Souls Church Version
Each form collected must conform to the requirements of state laws (the principal signing the form in the presence of a notary public).
Additionally, one can use a statutory form to draft a power of attorney. The statutory form is a document of equal substance, prescribed by the Uniform Power of Attorney Act (2021), as seen in 58 OK. St. Ann. § 3041.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
An Oklahoma General power of attorney is a form that allows residents to choose either a relative or a trusted friend to handle their financial transactions. The General power of attorney in Oklahoma grants the appointed party wide-scale authority on behalf of the principal. Residents of Oklahoma commonly use this for day-to-day type transactions.
The Oklahoma General power of attorney closely resembles the Durable power of attorney in that they both grant access to a third party to manage the principal's finances. However, unlike the Durable power of attorney that allows the legal officer to continue making decisions for the principal, the General power of attorney terminates as soon as the principal becomes incapacitated.
The General power of attorney form must conform to Oklahoma's state laws to be functional. The prominent laws include the statutes (Title 58, Chapter 29 (Uniform Power of Attorney Act), and the signing requirements (58 OK. St. Ann. § 3005).
The signing requirements state that the principal must sign the form in the presence of a notary public.
Download: Microsoft Word (.docx)
Limited Power of Attorney
In Oklahoma, a Limited power of attorney form is a legal form that lets a principal assign a particular person as their representative over a designated period. The principal grants representatives limited power to conduct specific tasks on their behalf over a stipulated time.
For an Oklahoma Limited power of attorney form, plainly defining the type of limited purpose you want it used for is extremely important, whether it is the context of transactions, assigned period, etc.
The form must conform to the statutes as seen in Title 58, Chapter 29 (Uniform Power of Attorney Act) and the signing requirements stated in 58 OK. In addition, St. Ann. § 3005 states that the principal must sign the document in the presence of a notary public for it to be valid.
Download: Microsoft Word (.docx)
Medical Power of Attorney
Oklahoma Medical power of attorney offers state residents the option of choosing a legal representative to make medical decisions for them. The agent's task revolves around making critical decisions regarding the principal's health care options.
With an Oklahoma Medical power of attorney, medical practitioners in Oklahoma are legally bound to follow through with the treatment plans made by your legal representative. Moreover, just like the Durable power of attorney, the medical power of attorney remains valid even if the principal is incapacitated.
For a Medical power of attorney to be valid in Oklahoma, the principal needs two witnesses present in the signing as stated in § 63-3101.4(A), alongside the required statutes (§ 63-3101.4).
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
An Oklahoma Minor power of attorney offers parent(s) the option of appointing a temporary caregiver for their child/children under 18. This legal document comes into effect when the parent(s) find themselves in a position where they cannot provide adequate care for their child/children.
Parent(s) can choose to give full and partial custody to the guardian depending on the nature of the situation. Additionally, parent(s) can choose to void power of attorney and resume full parental responsibility at any point in time.
Conversely, the document's validity spans one year, and a new issue is obligatory because the parent(s) need more time away from their parental duties. Therefore, the renewal must take place before the original document expires.
The state laws governing Oklahoma's Minor power of attorney are present in §10-700 and §10-701.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
A Real Estate power of attorney form in Oklahoma is a document that lets residents of Oklahoma assign an agent tasked with managing their property.
The Real Estate power of attorney is extremely delicate as the principal must be present to complete the paperwork. This is because the principal is the only one with authority to approve the agent's power. Therefore, it is mandatory that the principal formally validate the agent's capabilities in fulfilling their duties. These duties include but are not limited to property maintenance, renovation, and any other business transactions that involve the principal's estate (the entirety of the estate of a selected area).
In Oklahoma, the principal must sign the document in the presence of a notary public as part of the signing requirements, as seen in 58 OK. St. Ann. § 3005 and 16 OK. St. Ann. § 20. Similarly, the Oklahoma stake laws demand that the principal observes the statutes - Title 58, Chapter 29 (Uniform Power of Attorney Act).
Download: Microsoft Word (.docx)
Revocation Power of Attorney
An Oklahoma Revocation power of attorney is a legal backing that annuls any appointment made under the Power of Attorney Act. This document comes in handy whenever you have an active power of attorney and decide that you no longer require your agent's services. It also comes in handy when your agent is acting out of context.
You must provide your agent with several copies of the revocation form, formally stating that they are not to act on your behalf any longer.
Additionally, you should file copies of the Revocation power of attorney form to your business associates, specifying the agent's identity and informing them that they are no longer representing you, ensuring that they do not fall victim to any fraudulent acts.
The revocation form falls in line with Oklahoma state laws - 58 OK. St. Ann. § 1076. Also, the principal must sign the said document in the presence of a notary public.
Download: Microsoft Word (.docx)
Tax Power of Attorney (Form Bt-129)
The Oklahoma Tax power of attorney is a legal document that allows residents of Oklahoma to elect an agent (tax professional or any other qualified tax personnel) who will act on their behalf before the tax commission.
The agent's main tasks fall in line with representing the principal's interest before the commission, receiving information from the commission, relaying said information back to the principal, and making filings.
Both parties must sign the document as required by Oklahoma state laws.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney
Oklahoma Motor Vehicle power of attorney allows residents to select a person who will represent them and handle all affairs regarding the Oklahoma Motor Vehicle Commission.
The nature of the affair is undoubtedly flexible, and as such, the agent maintains full responsibility regarding matters regarding the state's vehicle commission.
This power of attorney has no expiration date; however, the principal can choose to cancel the partnership at any point in time.
The principal must make an official declaration of appointment in the presence of a notary public to validate the Vehicle power of attorney.
Download: Microsoft Word (.docx)
Springing Power of Attorney
Springing power of attorney authorizes an agent to act on behalf of a principal concerning real property, assets, business operations, and other financial and personal matters in Oklahoma.
The term "springing" refers to the nature of a power of attorney. The Springing power of attorney only comes into effect in certain situations that are predetermined by the principal, ending at an appointed period.
Oklahoma state laws demand that the principal signs the document in the presence of a notary public. Additionally, the principal must provide two witnesses not related by blood or marriage to participate in the signing.
Download: Microsoft Word (.docx)
Governing Bodies
As with other states in the United States, specific statutes govern a power of attorney. Some of the statutes governing Oklahoma’s Durable power of attorney include:
- Specific power, life-prolonging acts: This states that the assigned agent may decide on health care treatments but not life-sustaining treatments unless the entrusted power conforms with Oklahoma’s “health care proxy” requirements. These requirements fall under the Oklahoma Rights of Terminally Ill or Persistently Unconscious Act, Tit. 63 §3101 et seq.
- Legal requirements for durable power of attorney: This depicts three criteria to make the document valid, including signing the document, getting the two witnesses to sign in the presence of the principal, as well as each other, and delivering the form as Tit. 58 §1072.2 (4)(3).
- Validity from state to state: This states that a power of attorney holds in another state as long as it offers total compliance to the Uniform Durable Power of Attorney Act.
- If the physician is unwilling to follow durable power of attorney: This law demands that the attending physician provide another capable physician to carry out medical treatment.
- Revocation of durable power of attorney: The law states that a power of attorney is revocable in all ramifications, irrespective of the principal’s medical condition. The revocation takes place as soon as the information reaches the attending physician.
- Immunity for Attending physician: The law protects the attending physician from civil, professional, or criminal liability as long as they carry out their orders issued by the agent while maintaining the best medical practices.
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Oklahoma POA Requirements
All power of attorney forms available in this list falls under the Uniform Power of Attorney Act. This act governs the Oklahoma power of attorney forms and several other states in the United States.
The requirements for getting an Oklahoma power of attorney include:
- The principal’s full name and signature
- The agent(s) full name
- The date both parties agreed upon
- The running period of the POA
- The specifics of the power granted to the agent
Other elements may spring up depending on the type of power of attorney, such as the inclusion of two witnesses. In this case, both witnesses must be above the age of 18 and must have no blood or marital relationship with the principal. All of these must take place in the presence of a notary public.
Furthermore, the principal can choose to dissolve a power of attorney at any point in time by simply filling out Oklahoma’s Revocation power of attorney form. Although this decision falls solely in the hands of the principal, it should only take place under certain circumstances, including if:
- The agent is not acting in the best interest of the principal
- The agent becomes unable to carry out the assigned task fully
- The agent completed the assigned task
How to Get Power of Attorney in Oklahoma?
As a resident of Oklahoma, getting a power of attorney requires that the principal and selected agent complete and sign the document while observing every mandatory state law.
These laws are set to ensure that the partnership remains free and fair in every sense. In addition, the laws provide that any defaulting party accounts for their lapses and faces the appropriate punishment.
Key Takeaways
The following are just a few things that we think stand out in this discussion. They include that:
- A power of attorney is not a prerequisite, as it only helps residents find more qualified persons that will help them make better decisions.
- Selecting a trusted agent or attorney-in-charge is vital, irrespective of the agent’s portfolio. This is because trust is a crucial ingredient in any business transaction.
- It is imperative to place a high emphasis on the specifics of a power of attorney. That way, you always control what the agent can and cannot do. Plus, these boundaries will help you overcome challenges posed by a dubious agent.
- There is a consequence to every action taken, regardless of if it is against the agent or the principal. That being the case, it is without a doubt that both parties should stick to the context of the form.
- Having trusted witnesses is also an essential element in creating a power of attorney. In hard times, you need witnesses that will maintain, not turn against you.
