A power of attorney is a legal form where the principal (person signing the form) gives some authority to another person, who is called the agent. In this system, the agent can act on behalf of the principal. For a power of attorney to be signed, both the principal and agent must be of sound mental capacity.
A general power of attorney becomes invalid if the principal becomes incapacitated. If the principal would like the power of attorney to exist even if they become incapacitated, they should choose a durable power of attorney.
In Oklahoma, a power of attorney is “durable” unless specified otherwise. This means that the power of attorney continues to be in force even if the principal becomes incapacitated. So, the principal has to specify such conditions if they so prefer.
A durable power of attorney can be useful in several circumstances, including for its use in medical, financial, legal, and several other situations.
Usually, power of attorney comes into effect as soon as it is signed. However, it is also possible to plan for the future or circumstances with something like a “springing” durable power of attorney.
A springing power of attorney comes into effect in special circumstances, for example, when the principal becomes incapacitated. In this scenario, a principal grants the durable power of attorney to the agent only when the principal is incapacitated.
Usually, a springing power of attorney is created by adding such statements in the “special instructions” section of the power of attorney form.
In most cases, a durable power of attorney doesn’t require the presence of witnesses or notarizing. However, considering the effects of this form, it might be a good idea to have witnesses and to have it notarized.
This can help make the power of attorney more stable and protect it against challenges or forgery, should the principal become incapacitated.