Oklahoma General Power of Attorney for Care and Custody of Child or Children 2025

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A POA in Oklahoma remains valid until the principal revokes it, the principal passes away, or a specific expiration date is reached. For ongoing legal matters, the principal may consider establishing a durable power of attorney, which continues to remain effective even after the principal becomes incapacitated.
Last year, on November 1, 2021, the new Oklahoma Uniform Durable Power of Attorney Act took effect, which inadvertently repealed the Oklahoma statutory provisions that authorized executing a durable power of attorney for the purpose of making healthcare decisions.
Under a power of attorney for a child, the person caring for your child is able to act as a parent or guardian in your absence. However, the power of attorney document does not terminate your parental rights or transfer custody to the agent and does not prevent you from continuing to make decisions for your 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.
In 2021, the Oklahoma Legislature enacted a new Uniform Power of Attorney Act under Title 58 O.S. sec. 3001 et. seq. This Act allows a person to make a power of attorney covering a wide range of decisions but stops short of health care decisions.
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Guardianship: Often necessary when someone is severely incapacitated and cannot make even basic decisions for themselves. Power of Attorney: Suitable when someone wants to plan ahead and designate someone to manage their affairs if they become incapacitated, but still retain control while they have capacity.
When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.
The recipient of the Power of Attorney can make decisions on behalf of the child, except for decisions related to marriage, adoption, abortion, or termination of parental rights. The Power of Attorney can be executed outside of court with the proper paperwork, and it lasts for a maximum of one year.

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