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.
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.
Since founding Parman & Easterday in 1985, Larry has led over 1,000 free, community-service education programs and helped more than 10,000 Oklahoma families go from putting off their estate plan to getting it done. His goal for every client is the same: to become the person their family calls "the one who took care of everything."
Larry is the author of three books: The Straight Shooter's Guide to Estate Planning; Estate Planning Basics; and Guiding Those Left Behind in Oklahoma. He served as Oklahoma's Secretary of State and Secretary of Commerce, and his firm is the only member of the American Academy of Estate Planning Attorneys in the state.
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