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§58-1072.2.
§58-1072.2.
A. A durable power of attorney may be executed in accordance with the
following provisions; provided, however, failure to execute a power of
attorney as prescribed in this section shall not be construed to
diminish the effect or validity of an otherwise properly executed
durable power of attorney:
1. 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;
2. The witnesses shall not be:
a. under eighteen (18) years of age,
b. related to the principal by blood or marriage, or
c. the attorney-in-fact or anyone related to the attorney-in-fact by
blood or marriage; and
3. The execution of the power of attorney shall be in substantially
the following form:
Signed:_________________________
(Principal's signature)
City, County, and State of Residence
____________________________________
____________________________________
The principal is personally known to me and I believe the principal to
be of sound mind. I am eighteen (18) years of age or older. I am not
related to the principal by blood or marriage, or related to the
attorney-in-fact by blood or marriage. The principal has declared to
me that this instrument is his power of attorney granting to the named
attorney-in-fact the power and authority specified herein, and that he
has willingly made and executed it as his free and voluntary act for
the purposes herein expressed.
Witness:_________________________
Witness:_________________________
STATE OF OKLAHOMA )
) SS.
COUNTY OF____________)
Before me, the undersigned authority, on this ____ day of
_______________, 19____, personally appeared ____________________
(principal), _________________________ (witness), and _____________
(witness), whose names are subscribed to the foregoing instrument in
their respective capacities, and all of said persons being by me duly
sworn, the principal declared to me and to the said witnesses in my
presence that the instrument is his or her power of attorney, and that
the principal has willingly and voluntarily made and executed it as
the free act and deed of the principal for the purposes therein
expressed, and the witnesses declared to me that they were each
eighteen (18) years of age or over, and that neither of them is
related to the principal by blood or marriage, or related to the
attorney-in-fact by blood or marriage.
____________________________
Notary Public
My Commission Expires:
______________________
B. Execution of a durable power of attorney in substantially the form
prescribed by this section shall create a presumption that the
principal understands the nature and purpose of the power of attorney
and has executed the same while being of sound mind, and of his free
will. A person dealing with the attorney-in-fact shall not be required
to inquire into the validity or adequacy of the execution of the power
of attorney, nor shall any such person be required to inquire into the
validity or propriety of any act of an attorney-in-fact apparently
authorized by a power of attorney executed pursuant to this section.
C. Notwithstanding the provisions of Section 26 of Title 16 of the
Oklahoma Statutes, county clerks shall record any durable power of
attorney executed in substantially the form prescribed in subsection A
of this section.
D. All powers of attorney executed prior to September 1, 1992,
pursuant to the provisions of Sections 1051 through 1062 of Title 58
of the Oklahoma Statutes or the Uniform Durable Power of Attorney Act
shall be valid. All durable powers of attorney established on or after
September 1, 1992, shall be executed pursuant to the provisions of the
Uniform Durable Power of Attorney Act.
E. A power of attorney executed in another state shall be considered
valid for purposes of the Uniform Durable Power of Attorney Act if the
power of attorney and the execution of the power of attorney
substantially comply with the requirements of the Uniform Durable
Power of Attorney Act.
F. Nothing in this section shall be construed to affect powers of
attorney established pursuant to common law.
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