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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.
Limited powers of attorney are valid for no more than 90 days, except those used by lessors, which are good for periods up to one year.
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.
Oklahoma Power of Attorney Forms allow the designation of an individual (the Agent) to make financial or medical decisions on someone else's behalf. Each form serves a different purpose and comes with its own restrictions and obligations.
Under a limited power of attorney agreement, the agent can only act and make decisions on specified activities, and only to the extent that the principal authorizes. A principal does not need to choose a lawyer to be their agent; attorney in fact differs from an attorney at law.
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.
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 can write a POA in two forms: general or limited. A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care.
Limitation of power of attorneyAt any moment, the POA cannot delegate authority to another Agent. After the Principal's death, the POA is no longer able to make legal or financial decisions, and the Executor of the Estate assumes control.