Oklahoma Affidavit as to Principal's Competence at Time of Granting Power of Attorney
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How to fill out Affidavit As To Principal's Competence At Time Of Granting Power Of Attorney?
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FAQ
As a matter of Oklahoma law, the guardian can revoke or amend the power of attorney that you have previously granted.
Broadly speaking, when a person has capacity to make a particular decision, they are able to do all of the following: understand the facts involved ? understand the main choices ? weigh up the consequences of the choices ? understand how the consequences affect them ? communicate their decision.
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.
The Due Process in Competence Determinations Act (DPCDA), particularly Prob. C § 810-813, sets the standards for determining whether a person has the capacity to enter into a contract.
To sign a Deed or Power of Attorney, for example, a person must have ?mental capacity.? This means they must know what the document is and must be able to sign the document for its intended purpose. It's one thing to know you are signing a Deed (a document that transfers real estate).
Who should you choose for power of attorney? Is trustworthy and fair minded. Understands your wishes and your values. Is willing to serve in the role of POA. Understands the duties required of them and is committed to taking them seriously.
