Power of Attorney and Health Care – General – Oklahoma
A durable power of attorney is a power of attorney by which a principal designates another his attorney-in-fact in writing and the writing contains the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,” or “This power of attorney shall become effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
The durable power of attorney may show or state:
The fact of execution under the provisions of the Uniform Durable Power of Attorney Act;
The time and conditions under which the power is to become effective;
The extent and scope of the powers conferred; and
Who is to exercise the power, including any successor attorney-in-fact if a prior appointed attorney-in-fact dies, ceases to act, refuses or is unable to serve, or resigns.
The power may grant complete or limited authority with respect to the principal’s:
Person, including, but not limited to, health and medical care decisions on the principal’s behalf, but excluding:
the execution, on behalf of the principal, of a Directive to Physicians, an Advance Directive for Health Care, Living Will, or other document purporting to authorize life sustaining treatment decisions, and
the making of life sustaining treatment decisions unless the power complies with the requirements for a health care proxy under the Oklahoma Rights of the Terminally Ill or Persistently Unconscious Act or the Oklahoma Do-Not-Resuscitate Act; and
Property, including homestead property, whether real, personal, intangible or mixed.
Execution and Witnesses
A durable power of attorney may be executed in accordance with the statutory provisions; provided, however, that failure to execute a power of attorney as prescribed shall not be construed to diminish the effect or validity of an otherwise properly executed durable power of attorney:
The principal shall sign the power of attorney at its end, or, if the principal is unable, some other person shall subscribe his name thereto in his presence and by his direction. The principal, or such other person, shall sign in the presence of two witnesses, each of whom shall sign his name in the presence of the principal and each other.
The witnesses may not be:
under eighteen (18) years of age,
related to the principal by blood or marriage, or
the attorney-in-fact or anyone related to the attorney-in-fact by blood or marriage.
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