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Oklahoma Power of Attorney Forms

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An Oklahoma Power of Attorney comes in many different forms depending upon the situations in which they are used. Although there are different forms and circumstances, the forms all lead to the same outcome: namely to allow you to appoint someone you trust to act in your behalf in a given situation because you are unavailable or unable to do so for yourself.  Some of the forms provide for an appointment of broad authority, while others are for discreet, limited situations. It is important in all cases to consider carefully your choice of agent due to the sensitive nature of their role as well as to review all of the documents carefully to make sure you download the one that applies directly to your situation. Oklahoma has enacted the Uniform Power of Attorney statute under 58 O.S. § 1071-1077.

Types

Durable Power of Attorney – Allows a person to appoint someone to handle their general financial affairs. This is often used in long-term planning situations where a person wants to make sure they have someone they trust in place to handle their matters if they are no longer able to do so.

General Power of Attorney – Similar to the “durable” form in that it allows a person to appoint another to handle general financial affairs, however, this type terminates upon a person’s incapacity, unlike the “durable” form.

Limited Power of Attorney – Used when a person wants to appoint someone to handle a discreet transaction or act for a short time frame.

Medical Power of Attorney – Used when an individual wishes to appoint a trusted loved one to handle their health care decisions in the event that they are no longer able to do so.

Minor Child Power of Attorney – This form is used when parents wish to have a caretaker appointed to handle their children’s affairs when they are unavailable to do so themselves.

Real Estate Power of Attorney – For the use of allowing someone else to handle the decisions of real property to the benefit of the owner (Principal).

Revocation of Power of Attorney – This form is used to revoke previous POAs. It is important that in addition to this form, you inform all relevant parties, including your agents and successor agents that they are no longer to act on the POA.

Tax Power of Attorney (Form BT-129) – This form allows an individual to appoint a representative to handle their tax matters before the tax authority in Oklahoma.

Unclaimed Property – Representation for real estate or personal property that is unclaimed by an individual.

Vehicle Power of Attorney – This form allows an individual to appoint a representative to handle their titling and registration matters in front of the Oklahoma Motor Vehicle Commission.

How to Write

1 – The Authority Appointment Paperwork On This Page Should Be Downloaded

The template provided here will serve to assign Principal Powers from one individual to another. You may download it in one of the three formats labeled on the buttons presented with the image preview of this document.

2 – The Principal’s Declaration Requires Information For Completion

The language in this document will achieve the very specific task of naming one individual (Agent) as the recipient of Principal Authority. This individual will be able to act as if he or she were the Principal in the matters the Principal will delegate to the Agent through this document’s execution. First, we will need to identify each of these parties (Principal and Agent). This will be accomplished in the first paragraph.

Record the Principal’s Full Name and Complete Address on the first blank line.

Document the Agent’s Full Name and Address on the second blank line.

3 – A Direct Approval Is Required For Each Principal Power Being Conferred To The Agent

The determined Principal Powers to be delivered to the Agent will need to be adequately defined so this document’s effect may function in the manner the Principal desires. This means the Principal must approve each subject matter where the Agent may utilize Principal Authority. The Principal will need to review the list of subject matters presented below the initial paragraph on the first page, then initial each subject matter the Agent may wield Principal Power over on behalf of the Principal. If he or she wishes to deliver Principal Authority in all the affairs defined on this list, then only the last item (N) should be initialed by the Principal. Any list item that does not bear the initials of the Principal will not be included in the Powers being appointed to the Agent in this paperwork. Any subject matter where the Principal delivers Principal Power may be adjusted in the “Special Instructions” section as necessary.

The first two subjects will both concern Principal Property. The Principal can approve the Agent’s use of Principal Powers to represent his or her interests to conduct “(A) Real Property Transactions” and/or “(B) Tangible Personal Property Transactions” as if the Agent were the Principal. This can be achieved with the Principal Act of initialing one or both of these matters (depending on the Principal’s intent). If the Principal does not want to deliver the Principal Power to engage in such transactions, he or she may simply leave the undesired subject matter unmarked.Next, the Principal will consider more financially oriented Powers. The Principal can deliver the right to use his or her Name to engage in “(C) Stock And Bond Transactions,” “(D) Commodity And Option Transactions,” “(E) Banking And Other Financial Institution Transactions,” and “(F) Business Operating Transactions” by initialing the blank line preceding each subject the Agent is expected to wield Principal Authority with.This list will continue by presenting the Principal with the ability to delegate additional Powers that some would consider slightly more personal but still intrinsically related to his or her financial stability. The Principal can initial the blank line preceding “(G) Insurance And Annuity Transactions,” “(H) Estate, Trust, And Other Beneficiary Transactions,” and/or “(I) Claims And Litigation” to grant the Agent with the approval to conduct such business on his or her behalf. Any item the Principal wishes excluded from the Agent’s use of Principal Power should be left blank.The final section of this list would be considered part of the Principal’s personal finances and arrangements and should be considered carefully. The Principal can appoint the Agent with the Principal Authority to act on his or her behalf in “(J) Personal And Family Maintenance,” “(K) Benefits From Social Security, Medicare, Medicaid, or Other Governmental Programs, Or Military Service,” “(L) Retirement Plan Transactions” and “Tax Matters” by initialing the blank line preceding each subject matter he or she wishes included in the definition of the Agent’s Principal Powers.As mentioned earlier, the Principal may deliver the Authority to act in all of these areas on his or her behalf to the Agent in one fell swoop by simply initialing the list item “(N) All Of The Powers Listed Above.” Note: If any list item (A-M) is initialed the Principal should not initial this line.

4 – Special Instructions Concerning Delivered Powers May Be Applied At Principal Discretion

The Principal reserves the right to impose any circumstances, limitations, or restrictions upon the Authority he or she delivers to the Agent. In addition to this, the Principal may decide when these Powers should be available and if any additional Powers should be delivered. If the Principal has any such provisions, they must be fully documented before he or she signs the completed template. All such instructions should be supplied on the blank lines under the heading “Special Instructions.” If more room is required for this task, the Principal’s provisions may be continued on one or more separate sheets of paper (properly labeled and dated) then attached to this paperwork before he or she signs this document.In addition to the “Special Instructions” section, there will be an additional statement whose inclusion or exclusion will aid the Principal in making sure this document operates correctly. Locate the statement “This Power Of Attorney Will Continue To Be Effective Even Though I Become Disabled, Incapacitated Or Incompetent.” Such a statement will set this Power of Attorney as a durable one. If the Principal wishes the Authority delivered here to cease or terminate should he or she be rendered incapable or unable to make his or her own deliver, then this statement must be deleted or crossed out. If the Principal wishes these Powers to remain in effect in such circumstances, this statement may be left unaltered.

5 – The Principal’s Execution Will Occur Through The Principal Act Of Signing

The last paragraph of this template will contain a Signature Date Statement that must be filled out at the time of the Principal Signing. This must occur in the presence of the Notary Public notarizing this paperwork. The Principal must locate the words “Signed This,” then supply the Calendar Day, Month, and Year when he or she signs this form.After entering the Signature Date, the Principal must sign his or her Name on the blank line above the parentheses label “Your Signature” then supply his or her Social Security Number on the line below this.The Notary Public will finalize this document’s execution with a notarization of the Principal Signing.


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