What Is an Oklahoma Power of Attorney?
An Oklahoma power of attorney (POA) gives a trusted individual the ability to act in your place. POAs ensure your health care and financial matters are handled if you cannot act on your own. In Oklahoma, the principal writing the document must be at least 18 and competent at the time of creation.
Our free Oklahoma power of attorney forms offer simple, state-compliant terms and formats. Use our customizable templates to ensure your agent honors your wishes.
Types of Powers of Attorney
Oklahoma recognizes a variety of powers of attorney so that you can outline the exact authorities and duties of your agent. Evaluate the following types of POAs to find the one that meets your needs.
Durable vs. Non-Durable
You can make your power of attorney act as either a durable or non-durable contract. In a durable power of attorney, the agent maintains authority even after the principal’s incapacitation. Oklahoma may also refer to a durable POA as a durable designation of agent. In a non-durable arrangement, the agent’s abilities end at the time of the principal’s declared incapacity. Per 58 OK Stat § 3004, all POAs are assumed to be durable unless the terms explicitly state otherwise.
Financial
If you can’t handle your own financial decisions, you can create a POA with specific terms and authorities for your agent. This form is often used when the principal is out of the country, on military deployment, or incapacitated. Under 58 OK Stat § 3027 to 3039, you can use a financial POA to give your agent access to your monetary assets, such as:
- Bank accounts
- Personal property
- Real property
- Retirement plans
- Tax filing
- Investments
Medical
A medical POA, also known as a power of attorney for health care in Oklahoma, appoints an agent to handle medical decisions. Typically, this POA takes effect once the principal becomes incapacitated. Use your POA for healthcare to give your agent the following powers:
- Consenting or refusing treatment
- Hiring and firing caretakers
- Deciding on procedures
- Signing a DNR
In addition, your power of attorney for health care can operate as an advance directive, communicating your end-of-life care wishes. Per 63 OK Stat § 3111.2, an advance directive can be any legally-compliant document, including a medical POA. The health care agent is bound to any instructions the principal leaves, either in the POA or a living will.
Durable (Financial)
Remains in place even if you become incapacitated (i.e., legally unable to make decisions for yourself).
Signing Requirements: Notary public.
Medical
Legally authorized to follow your specified care path, should you become incapacitated.
Signing Requirements: Two witnesses. (§ 63-3101.4(A)).
Limited (Special)
Allows you to limit the powers you give to an agent, and have them carry out specific tasks.
Signing Requirements: Notary public (58 Okl. St. Ann. § 3005).
Non-Durable (General)
Provide an agent with the broad authority to act on the principal’s behalf.
Signing Requirements: Notary public (58 Okl. St. Ann. § 3005).
Springing
“Springs” into effect in certain circumstances, and ends at a time you specify.
Signing Requirements: Notary public.
Real Estate
Delegates authority to an agent to handle the principal's real estate affairs.
Signing Requirements: Notary public and two witnesses.
Vehicle
Assign authorization to handle DMV tasks on your behalf with a vehicle power of attorney.
Signing Requirements: Notary public.
Tax (Form BT-129)
Use so your agent or proxy can act on your behalf in relation to tax matters.
Signing Requirements: Principal and representative.
Minor (Child)
Provides short-term delegation for a child's overall welfare.
Signing Requirements: Notary public.
Revocation
Use to Invalidate a power of attorney.
Signing Requirements: Notarization recommended (58 O.S. § 3005).
How to Write an Oklahoma Power of Attorney
Writing a power of attorney requires the principal to consider their desired terms and the state’s legal guidelines. Use the following steps to create an effective and enforceable power of attorney:
- Name the parties involved: Provide the principal and agent’s full legal names and list their contact information. You can also name any desired coagents or successor agents if applicable.
- Grant general authority: Select and list the general powers you want to give your agent. General authorities typically include access to bank accounts, personal property, and medical records.
- Add specific powers: Some actions, such as the ability to handle trusts, gifts, and beneficiaries, require the principal to grant explicit authority. The abilities that require specific mention are listed in 58 OK Stat § 3024.
- Set the effective date: Select the date when your POA will go into effect. Per 58 OK Stat § 3009, a POA is effective when executed unless otherwise stated. You can also add a triggering event or a specific start date to create a springing power of attorney.
- Review and sign: Review the terms of your POA and ensure that you and your agent understand the conditions provided. Once satisfied, sign your agreement and fulfill any necessary notarization or witness requirements.
Oklahoma Power of Attorney Requirements & Legal Considerations
Each state has specific requirements and legal considerations for power of attorney forms. Understanding the necessary processes can help make your POA enforceable. Check for and incorporate the following elements for an Oklahoma power of attorney.
Notarization
General POAs in Oklahoma require notarization to be considered valid. Per 58 OK Stat § 3005, the document must have the principal’s signature and include the date that it was signed. This statute also notes that the signature is assumed to be genuine when acknowledged by a notary public.
Other types, such as a power of attorney for health care, may also include witness requirements. In a medical POA, the signature of two witnesses can replace the need for notarization, as long as the witnesses meet the requirements in 63 OK Stat § 3101.4.
Filing
Oklahoma has no formal filing requirements for a general POA. If the agent is conducting real estate transactions, a copy of the POA must be filed with the county clerk’s office in the county where the land is located. In addition, banks, tax organizations, and medical facilities will request a copy of the form to verify the agent’s legal ability.
Agent Certification
As an added layer of security, Oklahoma offers an optional agent certification form under 58 OK Stat § 3042. The agent may choose to fill out this form to express their understanding of the POA and clearly define what they can or can’t do. Having a completed agent certification provides additional proof of the agent’s authority and limitations.
Revocation
When your power of attorney has served your needs or no longer applies to your situation, you can end the agent’s authority by going through the revocation process. 58 OK Stat § 3010 lists a few different ways to end a power of attorney, such as:
- Principal revocation: The principal can create a written revocation and deliver it to the agent. Once the agent receives this notice, they no longer have the authority to act on behalf of the principal. Any acts taken prior to the agent receiving notice will generally be valid.
- Principal incapacitation or death: Depending on whether the agreement is durable or non-durable, the agent will lose their powers at the principal’s incapacitation or death.
- Agent resignation: Following the guidelines of 58 OK Stat § 3018, the agent can also end their duties through an agent resignation. If the agent is no longer willing or able to serve, they can deliver the resignation to the principal.
- Fulfills its purpose: Some POAs work to fulfill a specific purpose stated in the agreement. In this case, the POA will provide that the agent’s authority will end after the completion of its purpose.
- Divorce or separation: In cases where the principal’s spouse acts as their agent, a divorce filing or legal separation will automatically revoke the agent’s authority unless the document specifically provides otherwise.
