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A power of attorney, also called a letter of attorney or a POA is a legal instrument allowing your trusted person to take action in your place when you cannot. Through the POA, you create a legal relationship which identifies you as the principal and the person you appoint to act on your behalf, your agent, proxy or the attorney-in-fact.
Besides your signatures, a POA should specify the powers you intend to give to your agent. And, the powers are either general or limited.
When and why would you need a power of attorney?
If you are in the process of selling your property but you cannot be there for the closing and you need to sign off on the property’s deed on your behalf.
In other cases, you could use the POA when you want your agent to do anything you would and as you would have.
You can also use a POA to give directives on your end of life preferences or give someone power to trade in stocks on your behalf.
Durable and non-durable powers of attorney
For a large part and in most states, a POA is durable unless you give instruction to the contrary. By being durable, it means that the document will be effective even if the principal is mentally or physically incapacitated. This means that the powers will remain effective even when you are unable to give directions. But, the powers stop being effective when you pass.
When do the powers of the POA take effect?
While the POA is deemed valid in the eyes of the law as soon as its signed and dated in the presence of two witnesses and/or have it notarized, you can structure it in such a way that the document has springing powers of attorney so that it takes effect only if you’re unable to act because you are incapacitated or unconscious. An event triggers springing powers of attorney while the non-springing powers of attorney are effective as soon as they are signed and notarized. You need to make your intentions known in the free power of attorney form in Oklahoma.
1. Oklahoma Durable POA
The durable POA (DPOA), also known as the healthcare POA refers to the legal process giving someone you trust the authority to make the tough health care choices as well as end of life calls when you are incapacitated. Acting on your directives as per the details of your free Oklahoma power of attorney form, your agent can consent to or refuse to give their consent for some medical procedures. Using the DPOA, you give your agent the power to have you unhooked from the life-support machines.
The agent cannot decide to have you unhooked from life support unless the POA complies with what is required under the healthcare proxy under Oklahoma’s Rights of the Terminally Ill or in the Persistently Unconscious Act as stated in Section §3101 et seq. under Title 63.
Requirements for the DPOA
As per Oklahoma’s code section §1071, et seq. Title.58, Chapter 17A of the durable POA Act, the powers of the DPOA will only be effected if it’s proven that the document was prepared when the principal was of sound mind.
For validity, the document should be signed by the principal in the presence of two witnesses (Adults) or their own presence.
Note that that an unwilling attending physician is required to take reasonable steps facilitating the care of the principal by another physician.
If a principal has a DPOA executed in a state out of Oklahoma, it will be valid if it complies with the laws of the state of origin, as well as the state of Oklahoma.
For attending physician acting in good faith and as per reasonable standards medically, they will not be liable professionally, criminally, or civilly.
Revocation of the DPOA
According to state laws in Oklahoma, the POA is revocable either in part or as a whole in whichever manner, the principal’s physical or mental condition notwithstanding. And, the revocation is effective as soon as its communicated to the attending physician.
2. Oklahoma Limited POA
A With a limited POA, a principal gives specific powers to be acted upon by their agent only if they are unavailable or incapacitated. Once executable, the powers are valid and a principal cannot revoke the powers unless they issue a notice. So, to revoke the powers, you need to send a written revocation notice to your agent as well as all the third parties that act on the directives of the agent.
3. Oklahoma POA for Childcare
Should you wish to appoint a non-parent to be the person making decisions form your minor child in your absence and for a short time, then you need an Oklahoma POA for childcare. The document should be signed and notarized.
Some of the powers granted include the authority to made decisions over medical treatment or signing a child up for general or specific activities. A parent can also limit the powers of the POA to one thing.
While the POA comes with a timeline, you can take back the powers from the nonparent at any time before the POA’s expiry. For this, you need a revocation notice in writing and you will be required to fill and deliver a revocation form to the person with the POA for childcare. The powers are revocable immediately the form is delivered.
Where do you reside in within the expansive state of Oklahoma? Oklahoma City, Midwest City, Tulsa, Lawton, Edmond, Moore, Norman, Broken Arrow, Enid or any other city of Oklahoma ? Well, regardless of the size of your city, you can find our free power of attorney forms online now.