A Power of Attorney helps when life takes an unexpected turn—whether due to illness, injury, or age—as it’s important to have someone you trust ready to make decisions on your behalf. In Tahlequah and throughout Oklahoma, this legal tool enables you to appoint another person to act on your behalf, either temporarily or permanently, as needed.
What Is a Power of Attorney?
A Power of Attorney is a legal document that gives one person (called the “agent” or “attorney-in-fact”) the authority to act on behalf of another (the “principal”). This authority can cover a wide range of decisions, from managing bank accounts to handling medical treatment.
Oklahoma law recognizes several types of POAs, each serving a specific function:
- General POA: Grants broad powers over financial and legal matters.
- Limited POA: Restricts the agent’s authority to specific tasks or time periods.
- Durable POA: Remains valid even if the principal becomes incapacitated.
- Medical POA (Advance Directive for Health Care): Allows the agent to make healthcare decisions if you are unable to communicate or make decisions yourself.
Why You Might Need a Power of Attorney
Creating a POA can prevent confusion, delays, and unnecessary court involvement in the event you become incapacitated. Here are a few key reasons to consider one:
- Health emergencies: If you are unconscious or unable to make decisions, a POA ensures someone you trust can step in quickly.
- Financial management: A POA allows your agent to pay bills, file taxes, manage investments, or handle property transactions if you are unavailable.
- Avoiding guardianship proceedings: Without a POA, your family may have to go to court and ask a judge to appoint a guardian, an often lengthy and expensive process.
- Peace of mind: Knowing your affairs are in capable hands can reduce stress for both you and your loved ones.
How to Create a Power of Attorney in Tahlequah
To be valid in Oklahoma, a POA must meet certain legal requirements. It must:
- Be in writing
- Clearly state the powers granted
- Be signed by the principal (you)
- Be notarized (especially for durable or medical POAs)
You can revoke or update your POA at any time, as long as you are mentally competent. It’s a good idea to review it periodically and ensure your chosen agent is still someone you trust.
Choosing the Right Agent
Your agent should be someone you trust to act in your best interests, such as a spouse, adult child, close friend, or professional advisor. Choose someone who is reliable, understands your values, and is willing to accept the responsibility. Always talk with the person first before naming them in your POA.
Tahlequah Estate Planning Attorneys
Our estate planning attorneys can assist in creating a Power of Attorney for your specific needs. We’ll ensure your document meets all legal requirements and gives your agent the authority you want—nothing more, nothing less. For a free and confidential consultation with one of the Estate planning Lawyers at Tahlequah Lawyers call 539-867-2321. Or follow this link to ask an online legal question.