Power of Attorney in Oklahoma

Oklahoma has adopted the Uniform Power of Attorney Act. A power of attorney is durable unless it expressly says it ends when the principal becomes incapacitated, and it takes effect immediately unless it states otherwise. It must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine, and third parties are protected when relying on an acknowledged power of attorney. The statute provides an optional Statutory Power of Attorney form, which includes a notary acknowledgment.

Under the Oklahoma Advance Directive Act, a person 18 or older and of sound mind may sign an advance directive covering a living will and the appointment of a health care proxy. It must be signed by the declarant and witnessed by two people 18 or older who are not legatees, devisees or heirs at law. The statute sets out a form; a directive in a different form does not authorize withholding artificially administered nutrition or hydration unless it says so specifically in a separately initialed or signed section.

Oklahoma's "Oklahoma Advance Directive for Health Care" form, made under the Oklahoma Advance Directive Act, combines a living will, the appointment of a health care proxy (and alternate), and anatomical gifts. The person signing must be 18 or older, and the form is signed in the presence of two witnesses who must be 18 or older, not related to the person and not people who would inherit from them.