A durable power of attorney is a document giving another person the legal right to handle your general, financial and health care decisions. The durable power of attorney goes into effect when you are mentally incompetent. The durability aspect of the power of attorney ensures the document stays in effect once you are mentally incompetent. You will list an agent who is responsible for following the terms listed in your power of attorney. Filing the document with the Oklahoma courts is not required to make the document legal, but it is an available option.
Create your durable power of attorney. Consider having an attorney review the document to ensure it is enforceable and follows Oklahoma law. Have the document witnessed and notarized. You can have the document notarized at your local bank or credit union. Your witnesses should be over the age of 18 and should be impartial.
Visit your local Oklahoma county clerks office. (See Resources) Upon arriving, ask to be directed to the area where you can file a legal document.
Give the Oklahoma court clerk the durable power of attorney document. You should have as many copies as you think you will need. The court clerk will take your original document and certify the copies as being true copies of the original document. Pay the required court fee. This fee will vary. If you need to know the amount before arriving, call the county clerk office.
Advise your family members, attorney and any one else you desire that you have filed the durable power of attorney. File the copies in a safe place and in multiple locations. This is beneficial in case one file is lost or destroyed, you have backup copies.
Consider filing your durable power of attorney in each Oklahoma county you own property in.
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