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Last year, on November 1, 2021, the new Oklahoma Uniform Durable Power of Attorney Act took effect, which inadvertently repealed the Oklahoma statutory provisions that authorized executing a durable power of attorney for the purpose of making healthcare decisions.
It is important that you return the completed EGID Durable Power of Attorney form and the Identification Form by mailing them to EGID, Attn. Member Accounts, P. O. Box 11137, Oklahoma City, OK 73136-9998, or faxing them to EGID Member Accounts, 405-717-8939.
If the POA or DPOA involves real estate, it must be filed with the County Clerk in the county the real estate resides. You may file a POA with the Court Clerk, but if this is done it becomes a public record.
This Constitutional guarantee also provides that an individual charged with a crime has the right to waive representation by legal counsel, and proceed to trial representing himself/herself, and act as his/her own attorney.
Much like a general power of attorney, there is no requirement to have this power of attorney form witnessed or signed in front of a notary public. However, doing so could be beneficial in the future if questions arise about the validity of your signature.
There are several significant changes to note as a result of Oklahoma adopting the UPOAA and within HB 2548: The Act explicitly excludes the ability for the principal to grant a power of attorney for health care decisions; The Act does not require the power of attorney be notarized.
Notarization Requirement Under Oklahoma law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine?meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.