• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Parman & Easterday

Oklahoma Estate Planning Attorneys

Call Now: (405) 843-6100 |
(918) 615-2700

Attend an Education Program-Oklahoma City Area Attend An Education Program in the Tulsa Area
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
    • What Our Clients Say
  • Estate Planning
    • Asset Protection
    • Business Succession Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • IRA and Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Powers of Attorney
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration and Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Elder Law
    • Emergency Medicaid
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • Asset Protection Worksheet
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Edmond Elder Law
        • Oklahoma City Elder Law
        • Overland Park Elder Law
        • Yukon Elder Law
      • Medicaid
      • Nursing Home Resources
    • Estate Planning
      • An Overview of Estate and Gift Taxes
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Alzheimer’s FAQs
      • Asset Protection Planning
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Inheritance Planning for Minors
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Nursing Home Asset Protection
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Newsletters
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • Probate Checklist
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Probate Resources
      • Midwest City Probate
      • Moore Probate
      • Oklahoma City Probate
      • Overland Park Probate
    • Published Books
    • Pre Consultation Form
  • Communities We Serve
    • Edmond
    • Midwest City
    • Moore
    • Norman
    • Oklahoma City
    • Yukon
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
Home » Uncategorized » How Do You Create A Durable Power Of Attorney?

How Do You Create A Durable Power Of Attorney?

November 16, 2017 by Larry Parman, Attorney at Law

Creating a durable power of attorney is important if you want to be in charge of what happens should you become incapacitated. No matter your age, there is always a risk that something could happen and you become unable to speak for yourself in a medical situation.

durable power of attorney

There is also a risk that you could suffer a physical or mental illness that renders you incapable of managing your personal and financial affairs. If something happens to you, the courts will decide your fate IF  you have not created an incapacity plan in advance. 

Parman & Easterday can assist you in creating a comprehensive incapacity plan. This plan should include durable powers of attorney for medical and financial purposes.

There are specific rules and requirements you must follow to create a durable power of attorney in Oklahoma.  Be sure you talk with an experienced attorney who understands these rules and can make sure the right choices are made for your future. Give us a call today to find out more about how an Oklahoma City incapacity planning lawyer can assist you with the creation of a durable power of attorney.

How Do You Create A Durable Power Of Attorney?

A power of attorney is a grant of authority to an agent of your choosing. If you create a limited power of attorney, you only give your chosen agent power to do specific things.  If your powers of attorney are part of your incapacity plan and you want to give someone broad authority to act for you, you need to have a detailed general power of attorney for finance and property, and a healthcare power of attorney for your medical care.

Sometimes, a power of attorney terminates if you become incapacitated.  This is exactly when you need it most and you don’t want this to happen.To avoid this outcome, you need to make sure your power of attorney is a durable one. Different states have different rules regarding how to make a power of attorney durable. In Oklahoma, Oklahoma Statute §58-1072.1 sets forth the “attributes” of a durable power of attorney.

According to the law, a durable power of attorney (POA) should show or state the conditions and time under which it becomes effective; the fact that the POA was executed; the scope of the power given to the agent; and the authority given to the agent to make health choices.

An example of a durable power of attorney can be obtained from the Oklahoma Department of Human Services, but we recommend you talk with an experienced attorney to get personalized help with your power of attorney, rather than rely on generic examples or forms you find or buy online.

Why Should You Create A Durable Power Of Attorney

If you don’t have a durable power of attorney, you forfeit the chance to specify who should make decisions for you if you aren’t able to make them yourself. If you don’t have a plan, your family and caregivers will not know what to do if decisions need to be made.  Without a power of attorney, they cannot act on your behalf.

Your family must go to court to pursue guardianship or conservatorship if you don’t have an incapacity plan. This is time-consuming and stressful at a time when your family is already feeling stressed as it copes with your medical situation.

The court will decide if you are incapacitated and need a guardian or conservator appointed. If so, the court will decide who to appoint. The person appointed to act on your behalf could be someone you would not have wanted, which could create a bad situation for you.

This is especially problematic because you cannot do anything about who the court appoints to act for you. If you want to have control over who can act for you if you are incapacitated and cannot act on your own, you must plan ahead and create durable powers of attorney before you actually need someone to act on your behalf.

Getting Help From An Oklahoma City Incapacity Planning Lawyer

Parman & Easterday provides information on incapacity planning and durable powers of attorney for those interested in planning for their futures – join us for a free seminar if you want to be prepared should something happen that renders you unable to act for yourself.

Call us today at (405) 843-6100 or contact us online for personalized advice on incapacity planning and assistance creating legally valid and enforceable powers of attorney that reflect your wishes and allow you to name the persons of your choosing to act for you should you become incapacitated.

  • Author
  • Recent Posts
Larry Parman, Attorney at Law
Larry Parman, Attorney at Law
Founder and Owner at Parman & Easterday
After helping his own family deal with a lengthy probate and the IRS following his father’s untimely death in a farm accident, Larry Parman made a decision to help families create effective estate plans designed to reduce taxes, minimize legal interference with the transfer of assets to one’s heirs, and protect his clients’ assets from predators and creditors.
Larry Parman, Attorney at Law
Latest posts by Larry Parman, Attorney at Law (see all)
  • Estate Administration 101 - February 2, 2023
  • Why Do You Need an Elder Law Attorney? - January 31, 2023
  • Inheritance Planning for Blended Families - January 26, 2023

Filed Under: Uncategorized

Other Articles You May Find Useful

estate planning
Don’t Overcomplicate the Estate Planning Process
Young Family
Will Your Estate Plan Still Work If You Move?
Parman & Easterday
Priceless Lesson from a 43-Year-Old Index Card
Making Use of a Letter of Instruction
Making Use of a Letter of Instruction
Larry Parman Interview
Larry Parman’s Brother, A Medical Doctor, Survives COVID-19 and Shares Important Lessons Learned in This Interview
Larry Parman Attorney at Law
Estate Planning 101: Founding Attorney, Larry Parman, Explains What Stuff Your Estate Consists of Exactly

Primary Sidebar

Parman & Easterday, LLP

DOWNLOAD OUR FREE ESTATE PLANNING CHECKLIST

SUBSCRIBE TO OUR BLOG

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Where We Are

OKLAHOMA CITY, OK
13913 Quail Pointe Drive, Suite B
Oklahoma City, OK 73134
Phone: (405) 843-6100
Fax: (405) 917-7018

MAP

parman_sidbr_map

Where We Are

TULSA, OK
Memorial Place 7633 E. 63rd Place
Tulsa, OK 74133
Phone: (918) 615-2700

MAP

parman_sidbr_map

Office Hours

Monday9:00 AM - 5:30 PM
Tuesday9:00 AM - 5:30 PM
Wednesday9:00 AM - 5:30 PM
Thursday9:00 AM - 5:30 PM
Friday9:00 AM - 12:00 PM

Footer

footer-logo

The information on this Oklahoma Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Oklahoma City Estate Planning Attorneys at Parman & Easterday offer estate planning services in the Oklahoma City, Oklahoma and surrounding areas. Contact us for help today.

Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys


© 2023 American Academy of Estate Planning Attorneys, Inc.
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube