Little Rock, AR asked in Family Law and Elder Law for Oklahoma

Q: I have DPOA over my mother signed in Georgia in 2012. She lives in OK now. Does OK recognize out of state DPOA?

I called her Medical insurance company and they said that they couldn't talk to me as they didn't have an OK DPOA. The GA DPOA had 2 witnesses and a Notary.

Related Topics:
1 Lawyer Answer
Richard Winblad
Richard Winblad
  • Elder Law Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: Sorry to hear of your headache with the insurance company. This is difficult to answer without seeing the power of attorney your mother signed.


Oklahoma Statutes Title 56 OS Sec. 3006(C) states:

C. A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:

1. The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section 7 of this act; or

2. The requirements for a military power of attorney pursuant to 10 U.S.C., Section 1044b, as amended.


Georgia enacted the Uniform Durable Power of Attorney Act in 2018. Oklahoma enacted the same act in 2021. Assuming that this is the form your mother signed, then you may be want to point out your strong arm provisions:

Oklahoma Statutes Title 56 OS Sec 3020 states:

C. A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:

1. A court order mandating acceptance of the power of attorney; and

2. Liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.

I hope this helps.

This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.

1 user found this answer helpful

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.