Okla. Stat. tit. 58, § 58-3009
This is the official text of Okla. Stat. tit. 58, § 58-3009, part of Oklahoma’s Stat. tit. 58, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 58,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
When power of attorney effective
Official statutory text
A. A power of attorney is effective when executed unless the
principal provides in the power of attorney that it becomes
effective at a future date or upon the occurrence of a future event
or contingency.
B. If a power of attorney becomes effective upon the occurrence
of a future event or contingency, the principal, in the power of
attorney, may authorize one or more persons to determine in a
writing or other record that the event or contingency has occurred.
C. If a power of attorney becomes effective upon the
principal's incapacity and the principal has not authorized a person
to determine whether the principal is incapacitated, or the person
authorized is unable or unwilling to make the determination, the
power of attorney becomes effective upon a determination in a
writing or other record by:
1. A physician or licensed psychologist that the principal is
incapacitated within the meaning of subparagraph a of paragraph 5 of
Section 2 of this act; or
2. An attorney at law, a judge or an appropriate governmental
official that the principal is incapacitated within the meaning of
subparagraph b of paragraph 5 of Section 2 of this act.
D. A person authorized by the principal in the power of
attorney to determine that the principal is incapacitated may act as
the principal's personal representative pursuant to the Health
Insurance Portability and Accountability Act, Sections 1171 through
1179 of the Social Security Act, 42 U.S.C., Section 1320d, as
amended, and applicable regulations, to obtain access to the
principal's health care information and communicate with the
principal's health care provider.
principal provides in the power of attorney that it becomes
effective at a future date or upon the occurrence of a future event
or contingency.
B. If a power of attorney becomes effective upon the occurrence
of a future event or contingency, the principal, in the power of
attorney, may authorize one or more persons to determine in a
writing or other record that the event or contingency has occurred.
C. If a power of attorney becomes effective upon the
principal's incapacity and the principal has not authorized a person
to determine whether the principal is incapacitated, or the person
authorized is unable or unwilling to make the determination, the
power of attorney becomes effective upon a determination in a
writing or other record by:
1. A physician or licensed psychologist that the principal is
incapacitated within the meaning of subparagraph a of paragraph 5 of
Section 2 of this act; or
2. An attorney at law, a judge or an appropriate governmental
official that the principal is incapacitated within the meaning of
subparagraph b of paragraph 5 of Section 2 of this act.
D. A person authorized by the principal in the power of
attorney to determine that the principal is incapacitated may act as
the principal's personal representative pursuant to the Health
Insurance Portability and Accountability Act, Sections 1171 through
1179 of the Social Security Act, 42 U.S.C., Section 1320d, as
amended, and applicable regulations, to obtain access to the
principal's health care information and communicate with the
principal's health care provider.
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.