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Oklahoma Affidavit of Attorney-in-Fact that Power of Attorney in Full Force with Witnesses

State:
Multi-State
Control #:
US-P098B
Format:
Word; 
Rich Text
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Description

This affidavit is for an attorney-in-fact to certify that the power of attorney under which he or she is operating has not been revoked and remains in full force. Only for use in Florida, Michigan, Ohio, South Carolina or Vermont.

How to fill out Oklahoma Affidavit Of Attorney-in-Fact That Power Of Attorney In Full Force With Witnesses?

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FAQ

While Oklahoma does not technically require you to get your POA notarized, notarization is strongly recommended. Under Oklahoma law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuinemeaning your POA is more ironclad.

In Oklahoma, at least two witnesses are required. Witnesses should actually see the maker of the will (testator) sign the will and the witnesses must sign while the testator is present. The witnesses should be told that they are witnessing the testator's will, although they do not need to know what the will says.

Analysis: Oklahoma adopts the Uniform Power of Attorney Act published by the Uniform Law Commission. The Act does not require a power of attorney to be acknowledged before a Notary Public, but grants a presumption of genuineness to any power of attorney that is.

You must direct someone else to sign your name on the power of attorney. This person must sign in your conscious presence. A signature on a power of attorney is presumed to be genuine if a notary public, or other person authorized by law to take acknowledgments, witnesses your signature.

Under the Uniform Durable Power of Attorney Act, a durable power of attorney should be signed by the principal, signed by two witnesses who are at least 18 years old and not related to the attorney-in-fact by blood or marriage, and notarized.

Sign your power of attorney document In Oklahoma, you should sign your financial 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.

Filing the document with the Oklahoma courts is not required to make the document legal, but it is an available option. Create your durable power of attorney. Consider having an attorney review the document to ensure it is enforceable and follows Oklahoma law.

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.

Here are examples of the types of Alberta POAs that you may need:Specific Power of Attorney. A specific power of attorney is the simplest power of attorney.General Power of Attorney. A general power of attorney is used to give a very broad term of use to the attorney.Enduring Power of Attorney.Durable Power of Attorney.

More info

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Oklahoma Affidavit of Attorney-in-Fact that Power of Attorney in Full Force with Witnesses