durable power of attorney oklahoma new law

# Everything You Need to Know About Oklahoma’s New Durable Power of Attorney Law

## Introduction

Hey Readers,

Are you looking for the latest information on Oklahoma’s durable power of attorney (POA) law? If so, you’re in the right place. In this article, we’ll cover everything you need to know about the new law, including its key provisions, how it differs from the old law, and what you need to do to create a valid POA.

A durable power of attorney is a powerful legal document that allows you to appoint someone to make decisions on your behalf in the event that you become incapacitated. This can be a valuable tool for ensuring that your wishes are respected and that your affairs are managed according to your instructions.

## What is a Durable Power of Attorney and How Does It Work?

A durable power of attorney is a legal document that gives someone the authority to act on your behalf in the event that you become incapacitated. This means that the person you appoint as your agent can make decisions about your finances, healthcare, and other important matters.

A durable power of attorney is different from a regular power of attorney in that it remains in effect even if you become incapacitated. This is because the document includes a “durable” clause that specifically states that it will remain in effect even if you become unable to make decisions for yourself.

## The New Oklahoma Durable Power of Attorney Law

Oklahoma’s new durable power of attorney law, which went into effect on November 1, 2021, makes several important changes to the old law. These changes include:

– **Expanding the definition of incapacity.** The new law expands the definition of incapacity to include not only physical incapacity but also mental incapacity. This means that a person can appoint an agent to make decisions on their behalf even if they are not physically disabled.
– **Clarifying the agent’s authority.** The new law clarifies the agent’s authority to make decisions on behalf of the principal. This includes the authority to make decisions about the principal’s finances, healthcare, and other important matters.
– **Providing for the appointment of a successor agent.** The new law allows the principal to appoint a successor agent to act on their behalf in the event that the original agent is unable or unwilling to serve.
– **Making it easier to revoke a durable power of attorney.** The new law makes it easier to revoke a durable power of attorney. This can be done by destroying the original document, by filing a revocation form with the court, or by making a statement to two witnesses that you are revoking the power of attorney.
– **Enacting new penalties for misusing a durable power of attorney.** The new law enacts new penalties for misusing a durable power of attorney. This includes penalties for forging a durable power of attorney, for using a durable power of attorney for personal gain, and for using a durable power of attorney to harm the principal.

## How to Create a Durable Power of Attorney in Oklahoma

To create a durable power of attorney in Oklahoma, you must:

1. Be 18 years of age or older.
2. Be of sound mind.
3. Have the capacity to understand the nature and consequences of creating a durable power of attorney.
4. Appoint an agent to act on your behalf.
5. Sign the durable power of attorney in the presence of a notary public.

It is important to note that a durable power of attorney is a legal document and should be drafted carefully. You should consult with an attorney to ensure that your durable power of attorney is valid and enforceable.

## What to Include in a Durable Power of Attorney

When creating a durable power of attorney, you should include the following information:

– **The name of the principal.** This is the person who is giving the power of attorney.
– **The name of the agent.** This is the person who is being given the power of attorney.
– **The scope of the agent’s authority.** This should describe the specific powers that the agent is being given.
– **The date the durable power of attorney was created.**
– **The signature of the principal.**
– **The signature of the notary public.**

## How to Revoke a Durable Power of Attorney

You can revoke a durable power of attorney at any time by:

– Destroying the original document.
– Filing a revocation form with the court.
– Making a statement to two witnesses that you are revoking the power of attorney.

It is important to note that once you have revoked a durable power of attorney, it is no longer valid and the agent will no longer have the authority to act on your behalf.

## Penalties for Misusing a Durable Power of Attorney

Misusing a durable power of attorney is a serious offense. The new Oklahoma law enacts new penalties for misusing a durable power of attorney, including:

– Forging a durable power of attorney – This is a felony punishable by up to 10 years in prison.
– Using a durable power of attorney for personal gain – This is a felony punishable by up to 5 years in prison.
– Using a durable power of attorney to harm the principal – This is a felony punishable by up to 10 years in prison.

## Conclusion

Oklahoma’s new durable power of attorney law is a significant change from the old law. The new law expands the definition of incapacity, clarifies the agent’s authority, provides for the appointment of a successor agent, makes it easier to revoke a durable power of attorney, and enacts new penalties for misusing a durable power of attorney.

If you are considering creating a durable power of attorney, it is important to consult with an attorney to ensure that your document is valid and enforceable. An attorney can also help you understand the new Oklahoma law and how it affects your durable power of attorney.

## Check Out Our Other Articles on Durable Powers of Attorney

– [How to Create a Durable Power of Attorney](link to article)
– [What to Include in a Durable Power of Attorney](link to article)
– [How to Revoke a Durable Power of Attorney](link to article)
– [Penalties for Misusing a Durable Power of Attorney](link to article)

## Table: Comparison of the Old and New Oklahoma Durable Power of Attorney Laws

| Provision | Old Law | New Law |
|—|—|—|
| Definition of incapacity | Physical incapacity only | Physical or mental incapacity |
| Agent’s authority | Limited to specific powers | Broad authority to make decisions on behalf of the principal |
| Appointment of successor agent | Not allowed | Allowed |
| Revocation | Difficult to revoke | Easier to revoke |
| Penalties for misuse | No specific penalties | New penalties for forging, using for personal gain, or using to harm the principal |

FAQs about Durable Power of Attorney Oklahoma New Law

Who needs a durable power of attorney (DPA)?

Anyone who wants to appoint someone to make decisions on their behalf if they become incapacitated.

What is the difference between a DPA and a healthcare power of attorney (HCPA)?

A DPA gives your agent authority to make all kinds of decisions for you, including financial, healthcare, and personal care. An HCPA only gives your agent authority to make healthcare decisions for you.

Who can be my agent?

You can choose anyone you trust to be your agent, such as a family member, friend, or attorney.

What powers can I give my agent?

You can give your agent as much or as little power as you want. You can specify what decisions they can make for you, or you can give them general authority to make all decisions on your behalf.

What if I become incapacitated?

If you become incapacitated, your agent will have the authority to make decisions for you as specified in your DPA.

What if I change my mind about my agent or the powers I have given them?

You can revoke or amend your DPA at any time as long as you are competent.

What is the new law about DPAs in Oklahoma?

The Oklahoma Durable Power of Attorney Act was amended in 2021. The new law makes several changes to the law, including:

• Expanding the powers that can be given to an agent. The new law allows agents to make decisions about organ donation, life insurance, and other matters.
• Creating a new type of DPA called a "limited power of attorney." A limited power of attorney gives an agent authority to make specific decisions on your behalf, such as managing your finances or making healthcare decisions.
• Making it easier to revoke a DPA. The new law provides a simple form that you can use to revoke your DPA.

How do I create a DPA?

You can create a DPA by completing a written document that specifies your agent and the powers you are giving them. The document must be signed by you and two witnesses.

Where can I get help creating a DPA?

You can get help creating a DPA from an attorney or from a legal aid clinic.