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Oklahoma Power of Attorney Form

Published Dec 17, 2025

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An Oklahoma Power of Attorney is a legal instrument that authorizes a designated agent to manage financial or medical affairs on behalf of a principal.

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General Power of Attorney Limited/Special Power of Attorney Durable Power of Attorney Springing Power of Attorney Medical/Healthcare Power of Attorney

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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OKLAHOMA POWER OF ATTORNEY FORM

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Statutory Form Power of Attorney Act (Section 1001 et seq. of Title 15 of the Oklahoma Statutes).

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

I. DESIGNATION OF AGENT

I, the Principal, name the following person as my agent:

Name of Principal:
Address of Principal:

Name of Agent:
Address of Agent:
Agent's Telephone Number:

II. DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

Add Successor Agent?

If my agent is unable or unwilling to act for me, I name as my successor agent:

Name of Successor Agent:
Address of Successor Agent:
Successor Agent's Telephone Number:

Add Second Successor Agent?

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

Name of Second Successor Agent:
Address of Second Successor Agent:
Second Successor Agent's Telephone Number:

III. GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Statutory Form Power of Attorney Act (Section 1001 et seq. of Title 15 of the Oklahoma Statutes).

(Check the box next to each subject you want to include in the agent’s general authority. If you wish to grant general authority over all of the subjects you may check "All Preceding Subjects" instead of checking each subject.)

(A) Real property

(B) Tangible personal property

(D) Commodities and options

(E) Banks and other financial institutions

(F) Operation of entity or business

(G) Insurance and annuities

(H) Estates, trusts, and other beneficial interests

(I) Claims and litigation

(J) Personal and family maintenance

(K) Benefits from governmental programs or civil or military service

(L) Retirement plans

(M) Taxes

(N) All Preceding Subjects

IV. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have checked the specific authority listed below:

(Check the box next to each specific authority you want to give your agent.)

Create, amend, revoke, or terminate an inter vivos trust

Make a gift, subject to the limitations of the Uniform Statutory Form Power of Attorney Act and any special instructions in this power of attorney

Create or change rights of survivorship

Create or change a beneficiary designation

Authorize another person to exercise the authority granted under this power of attorney

Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

Exercise fiduciary powers that the principal has authority to delegate

V. LIMITATION ON AGENT’S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

VI. SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines.

Special Instructions:

VII. EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

VIII. NOMINATION OF GUARDIAN (OPTIONAL)

Nominate Guardian?

If it becomes necessary for a court to appoint a guardian of my estate or guardian of my person, I nominate the following person(s) for appointment:

Name of Nominee for guardian of my estate:
Address:

Name of Nominee for guardian of my person:
Address:

IX. RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

X. SIGNATURE AND ACKNOWLEDGMENT

PRINCIPAL

Signature: _________________________

Print Name: _______________

Date:

Address: _______________

Telephone Number:

Include Notary Public Section?

XI. NOTARY ACKNOWLEDGMENT

State of Oklahoma
County of

This instrument was acknowledged before me on , by _______________ (Name of Principal).

Signature of Notary Public: _________________________

(Seal, if any)

My Commission Expires:

Commission Number:

IMPORTANT INFORMATION FOR AGENT

Agent’s Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest;
Act in good faith;
Do nothing beyond the authority granted in this power of attorney; and
Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:
(Principal’s Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

Act loyally for the principal’s benefit;
Avoid conflicts that would impair your ability to act in the principal’s best interest;
Act with care, competence, and diligence;
Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest; and
Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.

Termination of Agent’s Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

Death of the principal;
The principal’s revocation of the power of attorney or your authority;
The occurrence of a termination event stated in the power of attorney;
The purpose of the power of attorney is fully accomplished; or
If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Statutory Form Power of Attorney Act (Section 1001 et seq. of Title 15 of the Oklahoma Statutes). If you violate the Uniform Statutory Form Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

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What is a Oklahoma Power of Attorney Form?

An Oklahoma Power of Attorney Form is a legal instrument that allows an individual, known as the principal, to designate another person, referred to as the agent or attorney-in-fact, to manage specific affairs on their behalf. This document serves as a crucial tool for estate planning, financial management, and healthcare directives, ensuring that a trusted representative can act when the principal is unavailable or incapacitated. The scope of authority granted within the document ranges from handling a single business transaction to managing comprehensive medical and financial decisions. Residents of Oklahoma utilize this form to maintain continuity in their personal and business matters without the need for court-appointed guardianship.

Types of Oklahoma Power of Attorney Form

Oklahoma law recognizes several distinct variations of this document, each designed to address specific needs and durations of authority.

General Power of Attorney - Grants the agent broad authority to handle financial and legal matters for the principal, such as banking transactions and real estate management, but typically terminates upon the principal's incapacitation.
Durable Power of Attorney - Includes specific language stating that the agent's authority remains in effect or becomes effective even if the principal becomes mentally incompetent or incapacitated.
Limited Power of Attorney - Restricts the agent's authority to specific actions or a defined time period, often used for single transactions like closing on a property sale or handling business while the principal is traveling.
Medical Power of Attorney - Designates a healthcare proxy to make medical decisions for the principal if they are unable to communicate their wishes regarding treatment and care.
Power of Attorney for Minor Child - Allows a parent or legal guardian to temporarily delegate parental rights regarding the care, custody, and property of a minor child to another adult for a period not exceeding one year.

Legal Requirements for Validity

For an Oklahoma Power of Attorney Form to be legally binding, specific execution standards must be met under state statutes. Failure to adhere to these formalities may result in financial institutions or medical facilities rejecting the document.

Capacity of Principal - The individual creating the document must be of sound mind and at least 18 years old at the time of signing.
Written Format - The delegation of authority must be in writing to be recognized by third parties and courts.
Notarization - Oklahoma statutes generally require the principal's signature to be acknowledged by a notary public, particularly for durable powers and those involving real estate.
Witness Requirements - While not always mandatory for financial powers, healthcare directives typically require two adult witnesses who are not related to the principal or beneficiaries of the estate.
Agent Acceptance - The appointed agent must accept the responsibilities and duties associated with the role, often through a signature or active performance of duties.

State Laws and Regulations

The creation, execution, and enforcement of power of attorney documents in Oklahoma are governed by specific titles within the state statutes.

Uniform Power of Attorney Act - Governs the creation, validity, and termination of financial powers of attorney, bringing Oklahoma law in line with national standards (Okla. Stat. tit. 58, § 3001 et seq.).
Advance Directives for Health Care Act - Outlines the requirements for appointing a healthcare proxy and creating living wills (Okla. Stat. tit. 63, § 3101.1 et seq.).
Powers of Attorney for Care of Child - Establishes the guidelines for parents delegating authority over a minor child to another attorney-in-fact (Okla. Stat. tit. 10, § 700 et seq.).
Real Estate Recording Requirements - Mandates that any power of attorney used to convey or mortgage real estate must be recorded with the county clerk in the county where the property is located (Okla. Stat. tit. 16, § 20).
Fiduciary Duties - Imposes a legal obligation on the agent to act in good faith, within the scope of authority, and in the best interest of the principal (Okla. Stat. tit. 58, § 3014).

How to Execute a Oklahoma Power of Attorney Form

Completing this document requires careful attention to detail to ensure it accurately reflects the principal's wishes and complies with state law.

Step 1: Selection of Agent - The principal identifies a trustworthy individual, typically a spouse, relative, or close friend, to act as the attorney-in-fact.

Step 2: Determination of Scope - The principal decides whether the agent will have broad general powers or specific limited powers, and whether the authority should be durable.

Step 3: Drafting the Document - The form is prepared using statutory language that clearly defines the powers granted and includes any necessary limitations or special instructions.

Step 4: Signing and Notarization - The principal signs the document in the presence of a notary public, and if required for the specific type of form, in front of valid witnesses.

Step 5: Distribution of Copies - The principal provides copies of the executed form to the agent, financial institutions, healthcare providers, and other relevant third parties.

Revocation and Termination

A principal retains the right to revoke a power of attorney at any time, provided they maintain the mental capacity to do so. Termination of the agreement occurs under specific circumstances defined by state law.

Written Revocation - The principal executes a formal revocation document stating that the previous power of attorney is no longer valid.
Execution of New Power of Attorney - Creating a new document that explicitly revokes all prior powers of attorney effectively terminates previous appointments.
Death of the Principal - The authority of the agent ceases immediately upon the death of the principal, at which point the executor of the estate takes over.
Divorce or Legal Separation - If the spouse was the appointed agent, filing for divorce or legal separation automatically terminates their authority unless the document states otherwise.
Incapacity of Non-Durable POA - A standard general power of attorney terminates if the principal becomes mentally incapacitated, whereas a durable version continues.

Federal Statutes

While state laws primarily govern powers of attorney, certain federal regulations impact how these documents are accepted and used.

Health Insurance Portability and Accountability Act - Requires specific authorization language to allow agents access to the principal's protected health information and medical records (45 CFR § 164.508).
Social Security Representative Payee - The Social Security Administration does not recognize standard power of attorney forms and requires a separate application for a Representative Payee to manage benefits (42 U.S.C. § 1007).
Internal Revenue Service Representation - Taxpayers must complete IRS Form 2848 to authorize an individual to represent them before the IRS, as a general power of attorney may not be sufficient (26 CFR § 601.503).

FAQs

Recording is generally not required for the document to be valid between the principal and agent. Recording with the County Clerk is mandatory if the agent will be handling real estate transactions, such as buying, selling, or mortgaging property.

An agent acting under a power of attorney generally cannot create, amend, revoke, or change the principal's last will and testament. Oklahoma law restricts agents from altering the principal's estate plan unless the power of attorney document specifically grants such authority regarding inter vivos trusts or beneficiary designations.

An agent is a fiduciary and must act in the principal's best interest. If an agent misuses funds or acts negligently, they can be held civilly liable for damages and may face criminal charges for exploitation or embezzlement. Interested parties can petition the court to review the agent's conduct and remove them.

A power of attorney does not have a standard expiration date unless one is written into the document. The authority continues until the principal revokes it, the principal dies, or, in the case of a non-durable power of attorney, the principal becomes incapacitated.

Principals may appoint multiple co-agents to act either jointly or independently. Appointing co-agents requires clear instructions on whether they must agree on all decisions or if they can act separately to avoid deadlock and confusion.

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