Oklahoma allows a person to designate another to have power to make legal and financial decisions on their behalf. This designation is called a power of attorney. We previously wrote a series of articles explaining Oklahoma power of attorney laws. However, this blog power will provide straightforward answers to common questions we receive.
What is a power of attorney?
A power of attorney is a legal designation that you can give to another adult person to act on your behalf. To give someone this power, you must execute a Power of Attorney form. The form will state what exactly the person holding the power can do. The form could provide only very limited powers. On the other hand, the form could give broad sweeping powers. The state of Oklahoma provides a standard form for the public to use. You may also use a customized form designed by your lawyer.
What is the title of the person holding the power?
The person who holds the power to act on behalf of another is called an agent. The person who grants the power is called the principal. Therefore, the principal grants power to an agent authorizing the agent to act on behalf of the principal.
The principal may revoke the power of the agent. The principal may limit the agent’s power to only a few areas of decision making, or the principal may grant the agent broad powers. The agent’s power may also be limited to a time period or have an expiration date.
What is a durable power of attorney?
A durable power of attorney continues to be active even after the principal becomes incapacitated. In many situations, this is the primary reason for creating the power to begin with. For a person who wants to have someone who can handle business if they become incapacitated, they need a power of attorney. The key is to sign the form before the incapacity or mental incompetence happens.
What is a limited power of attorney?
A power of attorney can be as limited or as broad as you want it to be. The principal can specify exactly what powers the agent has (for example, it could be limited to a single real estate closing on a specific date then it expires).
There is no specific form called a “limited power of attorney” in Oklahoma. Instead, that phrase simply refers to the concept of reducing the agents power to a specific act or a few specific topics.
What is a medical power of attorney?
You may authorize a person to act on your behalf regarding medical treatment and healthcare decisions. Sometimes the agent is called a healthcare proxy.
In Oklahoma, a healthcare proxy may consent to or refuse medical treatment on behalf of the principal; the agent may select the healthcare provide or discharge the provider; and the agent may sign a “do not resuscitate” form regarding the principal. The rules regarding these decisions are very strict. You are advised to consult with a lawyer for this type of power.
Does the Power of Attorney form have to be notarized?
In Oklahoma, a power of attorney technically does not have to be notarized, as the statute only requires it to be in writing. However, most banks and other institutions will reject a power of attorney that is not notarized.
In practice you should always notarize your power of attorney form. It is the only way to prove it is valid and it’s the only way it will ever be accepted. Therefore, a principal should always notarize their signature on a power of attorney form.
What are the requirements to make a power of attorney valid?
We wrote an entire article about Oklahoma POA requirements.
Are there instructions for using a power of attorney form?
The Oklahoma statutory form does have instructions on the last page. These instructions are to the agent who will be using the power. They provide guidance and warnings about liability for misuse of the powers.
How to get the power of attorney in Oklahoma?
An agent will only have the power if the principal signs a written power of attorney form. The principal can use the state’s official POA form, or can hire an attorney to draft a customized form.
If you want to help a person or family member who needs assistance managing their legal and financial affairs, you must obtain proper legal authority first. That means that person or family member must first execute a written power of attorney to you. In order to do that, the principal must be mentally competent. If they are already incapacitated, they will not be able to legally execute the power. Instead, you will have to go to court to obtain that power in the form of a guardianship.
Can a person holding the power of attorney evict a family member?
In general, yes. An agent holding a power of attorney can usually prosecute lawsuits, including evictions, on behalf of the principal.
Now, all of the rules of landlord-tenant laws must be followed. Proper notices must be given. But an agent can issue eviction notices and file eviction lawsuits on behalf of a principal.
How long does a notarized power of attorney last?
This depends on the terms used in the POA form. It is very common for powers of attorney to remain in effect until revoked in writing by the principal. However, it is also not uncommon for POA designations to be used in specifical transactions, say granting an agent power to sign on behalf of the principal for this time period only.
The answer is that a principal can customize the power however they want. They can place strict time limits, expiration dates, or keep open. But in general, must power of attorney forms keep the power in effect until revoked in writing.
Are power of attorney forms public record?
A power of attorney is not necessary public, unless you make it so. There are some instances where a principal or agent may record a power of attorney document with the county clerk, such as in a real estate transaction. In other instances, a principal or agent may want the power to be public record.
Contact Oklahoma City Attorney for help with power of attorney designations
If you need help with estate planning, trust administration, and/or power of attorney designations, contact our office. We schedule a phone call, video conference, or in-person meeting. We handle matters involving business, real estate, and personal affairs for our clients.