Powers of Attorney - Questions & Answers
Authored By: Legal Aid Services of Oklahoma, Inc.
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- How does my agent use my POA or DPOA?
The agent simply attaches a copy of the POA to whatever document he is signing, then signs the instrument with your name, followed by his signature and the type of power. For example, Mike Miller by Jean Miller, DPOA.
- How do I cancel a POA or DPOA?
You tell your agent that the power is withdrawn, in writing, by signing a revocation if real estate is involved, and getting a written acknowledgement from the agent that he understands the power is revoked.
- Is my POA good outside the state of Oklahoma?
About half of the states use the same format and have the same laws on POA's, so yours should be valid. Check with a lawyer in that state to be sure.
- If I give a POA or DPOA to someone, will it always be honored by everyone or every institution, like a bank?
No. The POA is your authorization for someone to act on your behalf, but no one or organization has to allow that representation. Many financial institutions and most federal agencies require their own DPOA forms. Most Oklahoma schools will NOT accept a POA or DPOA to enroll a child.
- Do I have to file the POA or DPOA at the Courthouse?
If the POA or DPOA involves real estate, it must be filed with the County Clerk in the county the real estate resides. You may file a POA with the Court Clerk, but it is then a public record.