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Do I really need a power of attorney in Oklahoma?
You need a power of attorney if you want to choose the person who will make financial decisions for you — and pay your bills —when you are incapacitated. A power of attorney is your opportunity to choose someone who knows you and your wishes to manage your money and property.
If you do not have a power of attorney, your family members may have to ask an Oklahoma court to appoint someone to be your guardian. This process can be expensive and stressful for your loved ones, and a court could choose someone as your guardian who does not understand you or want to follow your wishes.
A power of attorney can be necessary when you are healthy, too. For example, you might need to give someone the legal authority to manage your property if you are out of the country for an extended period, or you might want a person with expertise to handle your investments or specific transactions for you.
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How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
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Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How to get an Oklahoma power of attorney
Understand how a POA works in Oklahoma
A power of attorney is a legal document that lets you (the principal) name another person (the agent or attorney-in-fact) to make decisions on your behalf. When your agent uses your power of attorney, their actions and decisions will be legally binding on you.
In Oklahoma, powers of attorney can be used to manage financial affairs, real estate, and personal matters. You can use a power of attorney for health care, but you also can use a different document called an advance directive or health care directive to appoint a proxy to make health care decisions for you.
If you want your agent to act while you are incapacitated, you need what is called a durable power of attorney. A durable power of attorney must include one of the following phrases, or similar language:
- This power of attorney shall not be affected by subsequent disability, incapacity, or extended absence of the principal, or lapse of time.
- This power of attorney shall become effective upon the disability, incapacity, or extended absence of the principal.
If you use the second phrase, you will have a springing power of attorney. Unlike most powers of attorney, a springing power of attorney does not become effective until a future or date or event, such as your incapacity.
Choose your agent
An agent should be someone you trust because they will have access to your bank accounts and property. An agent also should understand your wishes and instructions and be willing to follow them. They should be comfortable filling out forms and speaking with financial institutions and legal professionals.
If you want your power of attorney to remain effective when your first choice is unable or unwilling to serve, you also should choose one or more successor agents to take over as agent.
Delegate authority to your agent
You can create a general power of attorney to give your agent broad powers to do almost every act you could do for yourself. You also can make a limited power of attorney to give them specific authority to handle one transaction or type of transaction.
An agent who will act when you are incapacitated should have the flexibility to handle unexpected situations. If you limit their power too much, they might not be able to act, and a court might need to get involved.
Sign your power of attorney document
In Oklahoma, you should sign your power of attorney with two adult witnesses present and have it notarized by a notary public. The witnesses cannot be your agent, your family member, or your agent’s family member.
Give your power of attorney to those who will need it
You should give your power of attorney to your agent, so they can prove they have the authority to act on your behalf. You also should keep a copy of your power of attorney in a safe place where you can easily access it.
If you desire, you can give copies to trusted friends and family and to businesses your agent will deal with.
Oklahoma powers of attorney frequently asked questions
Free power of attorney forms are available online, but many are not customized to Oklahoma and may not follow current Oklahoma law. If you use a form, it is safer to purchase one from a reputable source that updates its forms when Oklahoma laws change.
You do not need a lawyer to get a power of attorney if you use a reliable form and follow the instructions and above steps. If you still have legal questions or concerns about whom to pick as your agent, you can ask an estate planning attorney licensed in Oklahoma to create your power of attorney or review your completed form.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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