Types

Durable (Financial) Power of Attorney – To put it simply, a Durable Financial POA represents an individual’s intention for their agent to carry out the stipulated duties related to their finances even in the event of their death or incapacitation.

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General (Financial) Power of Attorney – A General Financial POA lacks the enduring characteristic of a Durable POA in that it will be immediately rendered inactive in the event of the principal’s death or incapacitation.

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Limited (Special) Power of Attorney – A Limited POA should be employed by anyone who wants to reduce the usual broad scope of a POA.

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Advance Directive (Medical Power of Attorney) – In the state of Oklahoma, anyone in a capable state may document their end-of-life wishes in a valid legal document, such as this one. Such an individual is referred to as the declarant, while the party who carries out such wishes for them is referred to as their health care proxy.

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Minor Child Power of Attorney – When a parent or guardian has no alternative but to entrust the care of their child to an individual who is known to them and trustworthy, such as a family member or friend, they can do so by ensuring all the requirements of this form are met.

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Motor Vehicle (DMV) Power of Attorney – Grants the required powers an attorney-in-fact needs to sign the principal’s name on their behalf to documentation related to a motor vehicle owned by the principal.

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Real Estate (Property) Power of Attorney – A home owner, or anyone seeking to become one, does not need to handle all of their real estate affairs on their own. They can use this form to elect another individual or entity to organize such affairs on their behalf.

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Revocation of Power of Attorney – A principal is not obliged in any way to make a POA endure longer than they wish it to. A POA that is in effect can be rendered legally ineffective by completing a Revocation of Power of Attorney.

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State Tax Filing Power of Attorney – In Oklahoma, the Oklahoma Tax Commission has issued a standard State Tax Filing POA to use, known as Form BT-129. It allows taxpayers to appoint an individual, organization, firm, or partnership to act on their behalf in tax matters.

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What is an Oklahoma Power of Attorney?

An Oklahoma Power of Attorney (POA) is a form that can be used by an individual who requires, due to circumstances within or beyond their control, that another party represents them in the management of one or more of their affairs. Oklahoma’s POA laws are outlined by two Acts, one of which addresses Durable POA arrangements, and the other, Advance Directives (Medical POA arrangements). Depending on the nature of the POA the Principal wishes to enact, they should refer to the most relevant Act in the drafting of their POA. This is vital to ensure the POA duly complies with the extensive laws Oklahoma has established to regulate such arrangements.

• Oklahoma Power of Attorney Laws – (Title 58, Chapter 17A, § 1071-1077, “Uniform Durable Power of Attorney Act”) and (Title 63, § 3101.1-3101.16 , “Oklahoma Advance Directive Act”)
• State Definition of a Durable Power of Attorney (§ 58-1072) – “a power of attorney by which a principal designates another his attorney-in-fact in writing and the writing contains the words “This power of attorney shall not be affected by subsequent disability, incapacity, or extended absence of the principal, or lapse of time”, or “This power of attorney shall become effective upon the disability, incapacity, or extended absence of the principal”, or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability, incapacity, or extended absence, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.”
• State Definition of an Advance Directive / Medical Power of Attorney (§ 63-3101.3) – “means any writing executed in accordance with the requirements of Section 3101.4 of this title and may include a living will, the appointment of a health care proxy, or both such living will and appointment of a proxy.”
• Signing Requirements
  • Durable Power of Attorney (§ 58-1072.2) – The Principal is required to write their signature in the presence of two (2) valid witnesses, who must also sign the form. The Principal may direct another individual to sign the POA, in their presence, if they are unable to do so themselves.
  • Advance Directive / Medical Power of Attorney (§ 63-3101.4) – The Declarant (the Principal) must sign the POA in the presence of two (2) valid witnesses.

When is it Effective?

According to § 58-1072.2, for a Durable Power of Attorney to be effective in the state of Oklahoma, the following must be upheld:

1. The Principal must sign the POA at its end (or if they are unable to do so, a person requested by the Principal must subscribe their name in their presence) in the presence of two (2) witnesses.
2. Certain witness criteria, as outlined by § 58-1072.2(A)(2), must be met in order for the witnesses to be considered valid.
3. Each witness must sign their name in the presence of the Principal and one another.
4. The execution of the POA must be in substantially the same form prescribed in § 58-1072.2(A)(3)
5. County clerks must record the POA in substantially the same form prescribed in § 58-1072.2(A).

The law is silent on the matter of signing requirements for non-durable, General Power of Attorney arrangements. Therefore, it is strongly advised that a Principal to a non-durable POA follows the signing procedures stated above. Doing so will help to safeguard the Principal’s rights and help to ensure the execution of the Power of Attorney is valid.

As established by § 63-3101.4, an Advance Directive / Medical Power of Attorney must meet the following condition in order to be considered valid:

1. The Declarant (the Principal) must sign the POA in the presence of two (2) valid witnesses (there is no legal requirement for the witnesses to also sign the POA).
2. Certain witness criteria, as outlined by § 63-3101.4(A) must be met in order for the witnesses to be considered valid.
3. The execution of the POA must be in substantially the same form prescribed in § 63-3101.4(C).
4. The Advance Directive should be made part of the Declarant’s medical record by a physician or other health care provider who is furnished the original or a photocopy of it.

For a Minor Child Power of Attorney to be considered valid, §10-701 demands that it must be signed by both the parent/legal custodian before a Notary Public who acknowledges the signatures.