Powers of Attorney
Authored By:
Legal Aid Services of Oklahoma, Inc.
- Read this in:
- Spanish / Español
Information
A document that speaks for you when you can't speak for yourself.
Caution
This is a very powerful tool and important decision. Very carefully choose your agent, the person who will act on your behalf.
A POWER OF ATTORNEY IS...
- Sometimes called a POA or DPOA (Durable Power of Attorney)
- A written, legal document
- Your legal authorization for someone else to act on your behalf.
- A chance to preserve your voice, make your wishes known, when you can't speak for yourself.
- Valid until cancelled, until an expiration date or until you die.
- Simple or complex, depending on your circumstances and wishes.
- Not the same as a guardianship, which requires going to court, a finding of necessity and court supervision of the guardian.
- Still needed even if you have a health care proxy, which are only good for persistently unconscious and vegetative states and for the immediate needs of the situation.
Terms to Know...
- Principal - The person who gives or authorizes another person to act on his behalf.
- Agent-The person to who the power is given, the person acting on your behalf. Sometimes an agent is called an "attorney in fact."
Types of POA's
- Simple POA
- Signed in front of a notary public
- Automatically ends when the principal dies or becomes mentally incompetent
- Durable POA
- Signed in front of two witnesses and a notary public
- Automatically ends when the principal dies
- Does not end if the principal becomes mentally incompetent
- Springing POA
- Signed in front of two witnesses and a notary public
- Automatically ends when the principal dies or is no longer under a disability
- Does not go into effect UNTIL the principal becomes incompetent or is unable to speak for himself
- A doctor determines competency, but in the POA you can establish a test to guide the doctor.
- Does not allow the power to be used until the principal is unable to conduct business for himself
- Is most useful for seniors or someone facing a serious illness
- May be combined with a Durable Power of Attorney
- Health Care or Business affairs POA
- Signed in front of two witnesses and a notary public
- Automatically ends when the principal dies
- Does not end if the principal becomes mentally incompetent
- For a limited purpose or circumstance
Examples of when to use a POA
- When parents must leave their children with relatives or others for a period of time and a consent to medical care is needed.
- When a spouse cannot be present at a real estate closing.
- When an older person may wish a relative to conduct business for them.
- When a spouse will be out of town for a period of time and the other spouse may need to bring a lawsuit or enter into a contract.
- When faced with a serious illness and the possibility of a period of not being able to conduct business.
- When faced with a serious illness and you want someone to make medical decisions based on your instructions.
- When planning for your senior years.
Last Review and Update: Apr 10, 2013