Power of attorney in Oklahoma: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in Oklahoma, from Oklahoma law.

Checked against official sources: October 31, 2026.

Short answer

Uniform Power of Attorney Act

Official form: Statutory Power of Attorney form, with Agent's Certification
How to sign: Signed by you; the law requires no notary or witnesses
Durable unless it says otherwise?: Yes: it continues if you lose capacity unless it says otherwise.
Uniform Power of Attorney Act: Yes

Words used in Oklahoma

In Oklahoma you name an agent for money and property in a power of attorney. For medical care, the Advance Directive for Health Care holds your living will and names a health care proxy; since 2022 you can also sign a separate health care power of attorney for everyday medical decisions. If an adult cannot decide and has no documents, the law lists family members who can make health care decisions, and a district court can appoint a guardian or limited guardian.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Power of attorney; statutory form: 'Statutory Form Power of Attorney' under the Uniform Power of Attorney Act
The person you choose: Agent (older Oklahoma laws say 'attorney-in-fact')
Health care: Advance Directive for Health Care (living will plus appointment of a 'health care proxy'); also a separate 'power of attorney for health care' naming an 'agent' under the Oklahoma Health Care Agent Act
Treatment wishes: Living Will (Part I of the Advance Directive for Health Care)
Court-appointed decision-maker: Guardian of the person and/or property of an 'incapacitated person'; 'limited guardian' for a 'partially incapacitated person'; 'special guardian' for emergencies

Law and official form

Law: Uniform Power of Attorney Act
Uniform Power of Attorney Act: Yes (effective November 1, 2021)
Official form: Statutory Power of Attorney form (58 O.S. § 3041), with Agent's Certification (58 O.S. § 3042)Published by Oklahoma Legislature
You do not have to use it.
Covers property only, not health care. Ends with a 'Signature and Acknowledgment' (notary) block. An older optional form under the Uniform Statutory Form Power of Attorney Act is still in the statutes; that form is 'legally sufficient' only if your signature is acknowledged before a notary.
Law: 15 O.S. § 1003, 1998; 15 O.S. § 1003(B)

Law: 58 O.S. §§ 3001-3045 (Laws 2021, c. 332); 58 O.S. §§ 3041, 3042; 15 O.S. §§ 1001-1020

Signing rules

How to sign

The Uniform Power of Attorney Act requires only your signature. If you acknowledge your signature before a notary, it is presumed genuine, and banks and others must follow the acceptance rules for an 'acknowledged' power of attorney. The statutory forms include a notary block, and the older 15 O.S. § 1003 form must be notarized.

Who signs

Signed by you, or in your conscious presence by another person you direct to sign your name.

Notary

Not required

Witnesses

None required

Agent's acknowledgment

No agent signature is required. A person accepts appointment by acting as agent or by other conduct showing acceptance, unless the document says otherwise.

Law: 58 O.S. § 3013

Law: 58 O.S. §§ 3005, 3019, 3020; 15 O.S. § 1003(B)

Durable and springing

Is it durable?

A power of attorney created under the Act is durable unless it expressly says it ends when you become incapacitated.

Law: 58 O.S. § 3004

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

It is effective when signed unless it says it starts on a future date or event. You can name who decides that the event happened. If it starts on your incapacity and no one you named can decide, it starts when a physician or licensed psychologist, or an attorney, judge or appropriate government official, determines in writing that you are incapacitated.

Law: 58 O.S. § 3009

What an agent can and cannot do

Needs express permission

Create, amend, revoke or end a living (inter vivos) trust
Make a gift
Create or change rights of survivorship
Create or change a beneficiary designation
Delegate authority granted under the power of attorney
Waive your right to be a beneficiary of a joint and survivor annuity, including a retirement plan survivor benefit
Exercise fiduciary powers you have authority to delegate
Access the content of your electronic communications
Disclaim property, including a power of appointment

No power of attorney can

Unless the power of attorney says otherwise, an agent who is not your ancestor, spouse or descendant may not use it to give themselves, or someone they must support, an interest in your property. The Act does not apply to a power to make health care decisions.

Law: 58 O.S. § 3024(B); 58 O.S. § 3003

Law: 58 O.S. § 3024(A)

Agent duties, pay and court review

Agent duties

Act according to your reasonable expectations, if known, and otherwise in your best interest
Act in good faith and only within the authority granted
Act loyally for your benefit and avoid conflicts of interest
Use the care, competence and diligence ordinarily used by agents
Keep a record of all receipts, payments and transactions
Cooperate with your health care decision-maker
Try to preserve your estate plan, if known and in your best interest
An agent is bound by the standards of conduct and liability that apply to other fiduciaries

Agent pay

Unless the power of attorney says otherwise, an agent is entitled to reimbursement of reasonable expenses and to reasonable compensation.

Law: 58 O.S. § 3012

Asking a court to review an agent

You, the agent, a guardian or conservator, your health care decision-maker, your spouse, parent, descendant or presumptive heir, a beneficiary, a protective agency, your caregiver, or a person asked to accept the power of attorney can ask a court to construe it or review the agent's conduct. The court must dismiss the petition if you ask, unless it finds you lack capacity to revoke.

Law: 58 O.S. § 3016

Law: 58 O.S. §§ 3014, 1081

When it ends and how to revoke it

How to revoke a power of attorney in Oklahoma

Official forms in Oklahoma

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

Statutory Power of Attorney form (58 O.S. § 3041), with Agent's Certification (58 O.S. § 3042) · Published by Oklahoma Legislature

Health care directive

Advance Directive for Health Care (63 O.S. § 3101.4(C)) · Published by Oklahoma Legislature. The State Department of Health advance directives page does not post the form. · Version: Statutory text as amended through Laws 2006, c. 171

Good to know in Oklahoma

Oklahoma has two health care documents: the Advance Directive for Health Care (living will and health care proxy, 2 witnesses) and, since April 29, 2022, a separate health care power of attorney (notary or 2 witnesses) for medical decisions other than withholding life-sustaining treatment, nutrition or hydration.
Law: 63 O.S. §§ 3101.4, 3111.3
Witnesses to an advance directive may not be your legatees, devisees or heirs at law.
Law: 63 O.S. § 3101.4(A)
Before acting as a default decision-maker, a family member or friend must sign a statement that they have no disqualifying abuse, neglect or exploitation record.
Law: 63 O.S. § 3102.4(B)
A new Uniform Health Care Decisions Act replaces Oklahoma's advance directive, health care power of attorney and surrogate laws on July 1, 2027.
Law: HB 1687, 2026; HB 1687, § 35

Changes in 2024–2026

Health care power of attorney signing rule amended by Laws 2023, c. 154 (emerg. eff. May 1, 2023). HB 1687 (2026), approved by the Governor May 11, 2026, creates the Uniform Health Care Decisions Act of 2026 effective July 1, 2027; on that date it repeals the Oklahoma Advance Directive Act, the surrogate list in §§ 3102.4-3102.5 and the Oklahoma Health Care Agent Act and replaces them with new rules, a new optional form and a new default-surrogate list. Until then the current rules on this page apply.

Law: 63 O.S. § 3111.3; 63 O.S. §§ 3101.1-3101.16; §§ 3111.1-3111.13

Free help in Oklahoma

Report abuse or exploitation

Oklahoma Human Services, Adult Protective Services (Abuse and Neglect Hotline) · 1-800-522-3511

Questions about powers of attorney in Oklahoma

What is a power of attorney called in Oklahoma?

Power of attorney; statutory form: 'Statutory Form Power of Attorney' under the Uniform Power of Attorney Act. In Oklahoma you name an agent for money and property in a power of attorney. For medical care, the Advance Directive for Health Care holds your living will and names a health care proxy; since 2022 you can also sign a separate health care power of attorney for everyday medical decisions. If an adult cannot decide and has no documents, the law lists family members who can make health care decisions, and a district court can appoint a guardian or limited guardian.

Does a power of attorney have to be notarized in Oklahoma?

Is there an official power of attorney form in Oklahoma?

Statutory Power of Attorney form, with Agent's Certification. You do not have to use it.