Oklahoma Power of Attorney in Plain Words

The two people in a power of attorney

A power of attorney is a signed paper. With it, one person gives another person the legal power to act for them — for example, to handle money or property matters.

Oklahoma’s rules for these papers are in the Uniform Power of Attorney Act, passed as House Bill 2548. In the Oklahoma law books, the Act begins at 58 O.S. § 3001. Every fact on this page comes from that Act, and each part below names the section it comes from.

Not for health-care choices

This Act does not cover a power to make health-care decisions. A paper that only gives someone the power to decide about medical care is outside this Act.

“Durable” means it keeps working

The Act uses the word incapacitated for a principal who can no longer manage their own affairs, in the way the Act defines it.

A power of attorney made under this Act is durable. That means it keeps working even if the principal later becomes incapacitated — unless the paper itself clearly says it ends when the principal becomes incapacitated.

So the paper’s own words matter. If the paper says nothing about this, the power is durable.

Signing the paper

For a power of attorney under this Act, the signing rule is:

• The principal must sign the paper.
• If the principal cannot sign, another person may sign the principal’s name for them — but only if the principal is conscious, is present, and directs that person to sign.

If the principal acknowledges the signature in front of a notary public, or in front of another person the law allows to take acknowledgments, the law treats the signature as presumed genuine — in plain words, it is taken to be real unless someone shows otherwise.

Old papers, new papers, and copies

• A power of attorney signed in Oklahoma on or after the Act’s start date counts as valid if it was signed the way § 3005 requires.
• A paper signed before that date is judged by the Oklahoma law that was in effect when it was signed.
• A photocopy, or a copy sent electronically, has the same effect as the original — unless a different Oklahoma law says otherwise.

When the power starts

A power of attorney starts working when it is signed — unless the paper says it starts on a future date, or only when a future event happens.

Some papers are written to “spring” into effect only if the principal becomes incapacitated. For a paper like that:

• The paper may name one or more people who can state, in writing or in another record, that the event has happened.
• If no one named in the paper is able to make that call, the Act gives other routes. For one meaning of incapacity in the Act, a physician or a licensed psychologist may make the determination. For the other meaning of incapacity in the Act, an attorney at law, a judge, or an appropriate governmental official may make it.

When the whole power ends

A power of attorney terminates — it comes to an end — when any one of these happens:

1. The principal dies.
2. The principal becomes incapacitated, if the power of attorney is not durable.
3. The principal revokes it (takes it back).
4. The paper itself says it terminates.
5. Its purpose is accomplished — the job it was made for is done.
6. The principal revokes the agent’s authority, or the agent dies, becomes incapacitated, or resigns, and the paper does not name another agent to act.

When one agent’s power ends

Even if the paper itself continues, one agent’s authority ends when:

• The principal revokes that agent’s authority.
• The agent dies, becomes incapacitated, or resigns.
• Someone files for divorce or annulment of the agent’s marriage to the principal, or for their legal separation — unless the paper says otherwise.
• The power of attorney itself terminates.

More than one agent, and backups

A principal may name coagents — more than one agent at the same time. A principal may also name one or more successor agents: backup people who step in if an agent can no longer act.

The agent’s duties

An agent who has accepted the job must:

• Act according to the principal’s reasonable expectations, when the agent actually knows them — and otherwise act in the principal’s best interest.
• Act in good faith.
• Act only within the authority the paper grants.
• Act loyally, for the principal’s benefit.
• Use the care, competence, and diligence that agents in similar circumstances ordinarily use.
• Keep a record of all money received, all money paid out, and all transactions made for the principal.

The official form

The Act itself includes a statutory form power of attorney — an official blank form written into the law. You can read it in the Act at the source link below. This page explains the law only; it does not copy the form or offer one to fill in.