Okla. Stat. tit. 58, § 58-3041
This is the official text of Okla. Stat. tit. 58, § 58-3041, 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.
Statutory power of attorney form
Official statutory text
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
Oklahoma Statutes - Title 58. Probate Procedure Page 187
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
Oklahoma Statutes - Title 58. Probate Procedure Page 188
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
___) 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)
Oklahoma Statutes - Title 58. Probate Procedure Page 189
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)
________________________________________
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
Oklahoma Statutes - Title 58. Probate Procedure Page 190
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
Oklahoma Statutes - Title 58. Probate Procedure Page 191
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.
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
Oklahoma Statutes - Title 58. Probate Procedure Page 187
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
Oklahoma Statutes - Title 58. Probate Procedure Page 188
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
___) 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)
Oklahoma Statutes - Title 58. Probate Procedure Page 189
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)
________________________________________
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
Oklahoma Statutes - Title 58. Probate Procedure Page 190
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
Oklahoma Statutes - Title 58. Probate Procedure Page 191
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.
Status: in_force · Read it on the official government site
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