Power of Attorney 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 this form to remain in effect, enabling the legal officer to make financial decisions when the principal is unable to do so. It typically comes into play when the principal cannot make a financially based decision, whether because of sickness, disability, or incapacitation.
Free Forms
Types of Oklahoma Power of Attorney
There are ten types of such 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 are:
Durable Power of Attorney Form
Download: Microsoft Word (.docx)
General Power of Attorney Form
Download: Microsoft Word (.docx)
Limited Power of Attorney Form
Download: Microsoft Word (.docx)
Medical Power of Attorney Form
Download: Microsoft Word (.docx)
Minor Power of Attorney Form
Download: Microsoft Word (.docx)
Real Estate Power of Attorney Form
Download: Microsoft Word (.docx)
Revocation Power of Attorney Form
Download: Microsoft Word (.docx)
Tax Power of Attorney Form
Download: Microsoft Word (.docx)
Vehicle Power of Attorney Form
Download: Microsoft Word (.docx)
Springing Power of Attorney Form
Download: Microsoft Word (.docx)
Governing Bodies
As with other states in the United States, specific statutes govern a POA. Some of the statutes governing Durable power of attorney IN Oklahoma 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 it 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 it 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.
Oklahoma POA Requirements
All POA forms available in this list falls under the Uniform Power of Attorney Act. This act governs these forms and several other states in the United States.
The requirements for getting it 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 its type, 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 it 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 POA 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 POA 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 POA. 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.
About This Article
