- 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. Additionally, if taking an action in person, such as banking, present the POA to the institution. NOTE: the institution may need time to review the POA before allowing any action to be taken and no person or institution is required to honor a POA.
- How do I revoke a POA or DPOA?
You tell your agent that the power is revoked (or withdrawn), in writing, by signing a revocation. It is ideal to get a written acknowledgement from the agent that they understands the power is revoked. You also need to send a copy of the revocation to all institutions which have a copy of the power of attorney.
- Is my POA good outside the state of Oklahoma?
Your Power of Attorney should be honored outside of Oklahoma as long as it is valid in Oklahoma and sufficiently conforming to Oklahoma law. 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 people and organizations are not required to honor your wish. Many financial institutions and most federal agencies require their own DPOA forms. Some 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 if this is done it becomes a public record.