[Previous] [Next]

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.
   

[Previous] [Next]