Q: I live in Oklahoma and am trying to give someone power of attorney for me. How can I do this?
I have found many online forms, but have no idea how to make them legally binding. How do I do this? Should I use an online form? Does it have to be notarized or something else? Thank you in advance!!
A:
Be very careful. I have lots of folks who walk in with an online power of attorney. I estimate that about 20% have serious errors. These may be drafting, witnessing, signing, and creating unworkable situations. Most attorneys will provide service on a flat fee basis or may provide you with the documents and instructions.
What about advanced healthcare directives?
Things can be done to avoid probate even without a will or a trust.
A:
I agree with Richard - be very careful with online forms. They may be sufficient for states with large populations such as California, New York or Texas. But Oklahoma is a little more that 1% of the US population. How can they afford to spend an adequate amount of time customizing their general form to meet the statutory requirements of Oklahoma law? They can't.
Our office divides powers of attorney (POA's) into two categories: 1. Health Care; or 2.) Financial (i.e. everything else).
Oklahoma does provide some statutory forms for health care directives and financial POA's - but they may not be appropriate for your situation. That is why you should contact an attorney to help you evaluate your situation.
Of all the various estate planning forms, the POA's can be done rather quickly and for a very reasonable rate. (I have been able to produce them before the client left the office. I am sure Richard has as well.)
If done properly, a POA can be a cost-effective solution for various needs. If done improperly, a POA can become a very expensive source of aggravation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.