How to revoke a power of attorney in Oklahoma

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

What Oklahoma law says about revoking a power of attorney

How to revoke

You can revoke a power of attorney or an agent's authority. The Act does not set a required method. Signing a new power of attorney does not revoke an earlier one unless the new one says so.

Telling others

Tell the agent and every bank or business that has a copy. An agent or other person who acts in good faith without actual knowledge that the power of attorney or the agent's authority has ended is protected.

Law: 58 O.S. § 3010(A)(3), (D), (F)

Source: Official text

Free letter: revoke a power of attorney

When it ends and how to revoke it

It ends when

• You die
• You become incapacitated, if the power of attorney is not durable
• You revoke it
• It says it ends, or its purpose is accomplished
• The agent dies, becomes incapacitated or resigns, or you revoke the agent's authority, and no other agent is named
• An action is filed for divorce, annulment or legal separation from an agent who is your spouse

Banks and other businesses

A person asked to accept a notarized (acknowledged) power of attorney must accept it, or within 7 business days ask for an agent's certification, an English translation or a lawyer's opinion, and then accept it within 5 business days after receiving it, unless a legal reason to refuse applies (for example, a good-faith belief it is invalid, or a report to Adult Protective Services of suspected abuse or exploitation). A person may not demand a different form. Wrongful refusal can lead to a court order to accept it and liability for reasonable attorney fees and costs. A photocopy or electronically sent copy has the same effect as the original.

Law: 58 O.S. §§ 3019, 3020; 58 O.S. § 3006(D)

Law: 58 O.S. § 3010

Related rules in Oklahoma

Banks, other states and real estate

Banks and other businesses

A person asked to accept a notarized (acknowledged) power of attorney must accept it, or within 7 business days ask for an agent's certification, an English translation or a lawyer's opinion, and then accept it within 5 business days after receiving it, unless a legal reason to refuse applies (for example, a good-faith belief it is invalid, or a report to Adult Protective Services of suspected abuse or exploitation). A person may not demand a different form. Wrongful refusal can lead to a court order to accept it and liability for reasonable attorney fees and costs. A photocopy or electronically sent copy has the same effect as the original.

Law: 58 O.S. §§ 3019, 3020; 58 O.S. § 3006(D)

Signed in another state

A power of attorney signed outside Oklahoma is valid in Oklahoma if, when signed, it complied with the law of the jurisdiction that governs its meaning (the one named in it, or where it was signed) or the federal military power of attorney rules.

Law: 58 O.S. §§ 3006(C), 3007

Health care directive in Oklahoma

Revoking your agent

You can revoke your advance directive, in whole or in part, at any time and in any manner, whatever your mental or physical condition. The revocation takes effect when you or a witness to it tells your attending physician or other health care provider. For a health care power of attorney, you can revoke the agent's designation by a signed writing or by telling your health care provider, in any manner that shows your intent.

Revoking your instructions

The same rule applies to the living will part.

Telling others

The physician or provider must make the revocation part of your medical record. A provider or agent told of a revocation of a health care power of attorney must promptly tell the attending physician and any facility where you are receiving care.

Divorce ends a spouse's authority

Yes · Divorce rules in Oklahoma (Divorce Law Map)

Conflicting documents

If more than one valid advance directive exists, the last one signed controls. A later health care power of attorney revokes an earlier one to the extent they conflict.

Law: 63 O.S. § 3101.5(B); 63 O.S. § 3111.4(D)

Law: 63 O.S. §§ 3101.6, 3111.4

Free help in Oklahoma

• Legal Aid Services of Oklahoma
• Oklahoma State Department of Health: Advance Directives
• Oklahoma Human Services: Report Abuse
• Find free legal aid at LawHelp.org

Report abuse or exploitation

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

More for Oklahoma

• Everything about powers of attorney in Oklahoma
• Power of attorney
• Health care directive
• Guardianship
• Signing checklist
• How to revoke a power of attorney
• Agent duties