Oklahoma Statutory Form for Power of Attorney
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Updated for 2022: The requirements for a statutory durable power of attorney within the state of Oklahoma are set forth in 58 O.S. § 1071-1077, known as the "Uniform Durable Power of Attorney Act." These provisions establish the following requirements: (1) The principal shall sign the power of attorney at its end, or, if the principal is unable, some other person shall sign the principal's name on the principal's behalf, in his or her presence and by his or her direction. The principal, or such other person, shall sign in the presence of two (2) witnesses, each of whom shall sign his or her name in the presence of the principal and each other. (2) The witnesses shall not be under eighteen (18) years of age or related to the principal by blood or marriage. In addition, a witness may not also be the attorney-in-fact (the agent) appointed under the power of attorney document, and the witness may not be anyone related to the attorney-in-fact (the agent) by blood or marriage. The form shown below is fully compliant with all requirements under Oklahoma law. |
Oklahoma Uniform Durable Power of Attorney
This document is executed under the provisions of the Uniform Durable Power of Attorney Act.
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM DURABLE POWER OF ATTORNEY ACT. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.
I ____________________________________________ (insert your name and address) appoint _________________________________________ (insert the name and address of the person appointed) as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed subjects:
TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS.
TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.
TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.
INITIAL
_________ (A) Real property transactions.
_________ (B) Tangible personal property transactions.
_________ (C) Stock and bond transactions.
_________ (D) Commodity and option transactions.
_________ (E) Banking and other financial institution transactions.
_________ (F) Business operating transactions.
_________ (G) Insurance and annuity transactions.
_________ (H) Estate, trust, and other beneficiary transactions.
_________ (l) Claims and litigation.
_________ (J) Personal and family maintenance.
_________ (K) Benefits from Social Security, Medicare, Medicaid, or other governmental programs, or military service.
_________ (L) Retirement plan transactions.
_________ (M) Tax matters.
_________ (N) ALL OF THE POWERS LISTED ABOVE. YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N).
SPECIAL INSTRUCTIONS:
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
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(Attach additional pages if needed.)
UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
(A) This power of attorney shall not be affected by subsequent disability, incapacity, or extended absence of the principal, or lapse of time.
(B) This power of attorney shall become effective upon the disability, incapacity, or extended absence of the principal.
YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE ALTERNATIVE (A).
If Alternative (B) is chosen and a definition of my disability or incapacity is not contained in this power of attorney, I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician's medical examination of me, I am mentally incapable of managing my financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of attorney. A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity.
If I have designated more than one agent, the agents are to act: _______________________
IF YOU APPOINTED MORE THAN ONE AGENT AND YOU WANT EACH AGENT TO BE ABLE TO ACT ALONE WITHOUT THE OTHER AGENT JOINING, WRITE THE WORD "SEPARATELY" IN THE BLANK SPACE ABOVE. IF YOU DO NOT INSERT ANY WORD IN THE BLANK SPACE, OR IF YOU INSERT THE WORD "JOINTLY", THEN ALL OF YOUR AGENTS MUST ACT OR SIGN TOGETHER.
I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.
Signed this _______ day of _________________, 20______.
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(Principal's signature)
City, County, and State of Residence:
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Important Note About the Principal's Signature and the Witnesses: The principal shall sign this power of attorney. If the principal is unable to sign, some other person may sign the principal's name, but it must be done in the presence of, and at the direction of, the principal. The principal, or such other person, shall sign in the presence of two (2) witnesses, each of whom shall sign his or her name in the presence of the principal and each other. The witnesses shall not be: (a) under eighteen (18) years of age, (b) related to the principal by blood or marriage, or (c) the agent (attorney-in-fact) or anyone related to the agent (attorney-in-fact) by blood or marriage. |
STATEMENT OF WITNESSES
The principal is personally known to me and I believe the principal to be of sound mind. I am eighteen (18) years of age or older. I am not related to the principal by blood or marriage, or related to the attorney-in-fact by blood or marriage. The principal has declared to me that this instrument is his power of attorney granting to the named attorney-in-fact the power and authority specified herein, and that he has willingly made and executed it as his free and voluntary act for the purposes herein expressed.
Witness #1:
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Witness #2:
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ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF OKLAHOMA )
) SS.
COUNTY OF____________ )
Before me, the undersigned authority, on this ______ day of _______________, 20_____, personally appeared ___________________________________ (principal), ___________________________________ (witness), and ___________________________________ (witness), whose names are subscribed to the foregoing instrument in their respective capacities, and all of said persons being by me duly sworn, the principal declared to me and to the said witnesses in my presence that the instrument is his or her power of attorney, and that the principal has willingly and voluntarily made and executed it as the free act and deed of the principal for the purposes therein expressed, and the witnesses declared to me that they were each eighteen (18) years of age or over, and that neither of them is related to the principal by blood or marriage, or related to the attorney-in-fact by blood or marriage.
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Notary Public
My Commission Expires:
______________________
BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
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