§58-3041. Statutory power of attorney form.
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/ok/title-58-probate-procedure/58-3041·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A document substantially in the following form may be used to create a statutory power of attorney form that has the meaning and effect prescribed by this act.
OKLAHOMA
STATUTORY POWER OF ATTORNEY FORM
IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on
this form is explained in the Uniform Power of Attorney Act, Section 3001 et seq. of Title 58 of the Oklahoma Statutes. This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.
This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.
If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT I, _______________________________________________,
(Name of Principal) name the following person as my agent: Name of Agent:______________________________________________________ Agent's Address:____________________________________________________ Agent's Telephone Number:___________________________________________
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) If my agent is unable or unwilling to act for me, I name as my successor agent: Name of Successor Agent:____________________________________________ Successor Agent's Address:__________________________________________ Successor Agent's Telephone Number:_________________________________ If my successor agent is unable or unwilling to act for me, I name as my second successor agent: Name of Second Successor Agent:_____________________________________ Second Successor Agent's Address:___________________________________ Second Successor Agent's Telephone Number:__________________________
GRANT OF GENERAL AUTHORITY I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act, Section 3001 et seq. of Title 58 of the Oklahoma Statutes: (INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the
subjects you may initial "All Preceding Subjects" instead of initialing each subject.) (___) Real Property (___) Tangible Personal Property (___) Stocks and Bonds (___) Commodities and Options (___) Banks and Other Financial Institutions (___) Operation of Entity or Business (___) Insurance and Annuities (___) Estates, Trusts and Other Beneficial Interests (___) Claims and Litigation (___) Personal and Family Maintenance (___) Benefits from Governmental Programs or Civil or Military
Service (___) Retirement Plans (___) Taxes (___) All Preceding Subjects
GRANT OF SPECIFIC AUTHORITY (OPTIONAL) My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below: (CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.) (___) Create, amend, revoke or terminate an inter vivos trust (___) Make a gift, subject to the limitations of the Uniform Power
of Attorney Act, Section 3040 of Title 58 of the Oklahoma
Statutes and any special instructions in this power of
attorney (___) Create or change rights of survivorship (___) Create or change a beneficiary designation (___) Authorize another person to exercise the authority granted
under this power of attorney (___) Waive the principal's right to be a beneficiary of a joint and
survivor annuity, including a survivor benefit under a
retirement plan (___) Exercise fiduciary powers that the principal has authority to
delegate (___) Access the content of electronic communications (___) Disclaim or refuse an interest in property, including a power
of appointment
LIMITATION ON AGENT'S AUTHORITY An agent that is not my ancestor, spouse or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
SPECIAL INSTRUCTIONS (OPTIONAL)
You may give special instructions on the following lines: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
EFFECTIVE DATE This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.
NOMINATION OF GUARDIAN (OPTIONAL) If it becomes necessary for a court to appoint a guardian of my estate or guardian of my person, I nominate the following person(s) for appointment: Name of Nominee for guardian of my estate: _______________________________________ Nominee's Address: ____________________________________________ Nominee's Telephone Number:_________________________________________ Name of Nominee for guardian of my person:__________________________ Nominee's Address: ____________________________________________ Nominee's Telephone Number:_________________________________________
RELIANCE ON THIS POWER OF ATTORNEY Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURE AND ACKNOWLEDGMENT ____________________________________________ _______________
Your Signature Date ____________________________________________
Your Name Printed ____________________________________________
Your Address ____________________________________________
Your Telephone Number State of ____________________________ County of ___________________________ This document was acknowledged before me on _______________
(Date)by ______________________________________.
(Name of Principal) ____________________________________________ (Seal, if any) Signature of Notary ____________________________________________ My commission expires: _______________ This document prepared by: ______________________________________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:
1. Do what you know the principal reasonably expects you to do
with the principal's property or, if you do not know the
principal's expectations, act in the principal's best
interest;
2. Act in good faith;
3. Do nothing beyond the authority granted in this power of
attorney; and
4. Disclose your identity as an agent whenever you act for the
principal by writing or printing the name of the principal
and signing your own name as "agent" in the following
manner:
(Principal's Name) by (Your Signature) as Agent Unless the Special Instructions in this power of attorney state otherwise, you must also:
1. Act loyally for the principal's benefit;
2. Avoid conflicts that would impair your ability to act in the
principal's best interest;
3. Act with care, competence and diligence;
4. Keep a record of all receipts, disbursements and
transactions made on behalf of the principal;
5. Cooperate with any person that has authority to make health
care decisions for the principal to do what you know the
principal reasonably expects or, if you do not know the
principal's expectations, to act in the principal's best
interest; and
6. Attempt to preserve the principal's estate plan if you know
the plan and preserving the plan is consistent with the
principal's best interest.
Termination of Agent's Authority You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:
1. Death of the principal;
2. The principal's revocation of the power of attorney or your
authority;
3. The occurrence of a termination event stated in the power of
attorney;
4. The purpose of the power of attorney is fully accomplished;
or
5.If you are married to the principal, a legal action is filed
with a court to end your marriage, or for your legal
separation, unless the Special Instructions in this power of
attorney state that such an action will not terminate your
authority.
Liability of Agent The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act, Section 3001 et seq. of Title 58 of the Oklahoma Statutes. If you violate the Uniform Power of Attorney Act, Section 3001 et seq. of Title 58 of the Oklahoma Statutes, or act outside the authority granted, you may be liable for any damages caused by your violation. If there is anything about this document or your duties that you do not understand, you should seek legal advice. Added by Laws 2021, c. 332, § 41, eff. Nov. 1, 2021.