In this article, I am going to explain to you why you must contact us for even simple matters like printing off a power of attorney. This is not just about printing a document. It’s about making sure your document works when you need it.
This article continues our series on creating powers of attorney in Oklahoma. We’ve explained the difference between durable and non-durable powers. We’ve also touched on the legal requirements to make your POA valid. Now, let’s address the big elephant in the room: do it yourself power of attorney forms.
The problem with online power of attorney forms
Legal forms are widely available all over the internet. People all throughout the United States have access to forms. Some websites will categorize their forms according to what state the form is to be used in. But many websites offer universal forms, as if they can be legally used anywhere. The problem is that is not true, as the law differs from state to state.
A major problem that is extremely common – meaning most families experience this problem – is when a family member’s power of attorney is not honored. This happens when the agent presents the power of attorney form to a bank, a title company, a financial agent, and many other offices. These offices are concerned about fraud and elder abuse, and do not accept just any form. They are trained to scrutinize power of attorney forms, and to “deny” or “refuse” when in doubt. It is must safer for a bank to refuse to honor a power of attorney than for them to honor it and later be sued for fraud.
This problem is so common, that lawyers get frequent calls about this issue. Why is this such a big problem? Because many people try to do it themselves. They use bad online forms when preparing power of attorney documents. Forms that do not actually work when they need them.
Power of Attorney laws vary from state to state
This is a major reason why online power of attorney forms do not work. Often, they reference laws that do not exist in Oklahoma. They reference codes and statutes from other states. Or, they use legal terminology that differs from Oklahoma’s legal terms. This create inconsistency throughout the document. Ultimately, this creates distrust in the bank or office reviewing the power of attorney form.
Power of Attorney laws change over time
Laws are always changing. Our legislature meets every year, and every year they pass new laws, often replacing old laws.
In 2021, Oklahoma passed new laws regulating power of attorney forms. They adopted new definitions and came up with new requirements. What this means is that if you have a power of attorney that was created prior to 2021, it could have issues.
Many other states change their laws frequently, as well. Which means that your online document could have been based off of laws that no longer exist under any state.
Oklahoma City Power of Attorney lawyer can guide you through the process
The main reason to work with us is that we can guide you through the entire process of planning your estate. We can help you with executing the proper power of attorney forms. But that is not all. Most importantly, we can help you see the big picture. We can help you organize your entire estate, and how it would operate during incapacity through death.
We see many problems with “do it yourself” legal work. While people mean well, they don’t know what they don’t know. We see people execute a power of attorney, then ten years later execute a new one with a different family member, without revoking the original. They often do not realize that power of attorney forms can stay in effect until legally revoked in writing.
Other families will not understand how these documents cease to have effect after the principal dies. Once dead, the principal’s estate must pass through probate; power of attorney forms will no longer work. This is why we help families on a recurring basis. We don’t just draft documents and then never see the client again. Instead, we stay in touch, reviewing our client’s estate plans every three years. And even more frequently when needed.
To get in touch with us, call 405-607-7799 or send us an email.