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.
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.
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