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[OK] Do we need an attorney for a durable POA or just witnesses and a notary?

Liz
Liz

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As long as your dad understands what he is signing, it would usually require witnesses and a notary to be valid in Oklahoma (58 OK Stat § 3005). An attorney is typically only needed for drafting, but you can use a form template.

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Oklahoma Durable (Financial) Power of Attorney Form

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My dad is dying from cancer and in the hospital on palliative care. We need a durable POA for my mom to deal with their car that is only in my dad’s name and was totaled in an accident yesterday. Do I have to hire an attorney to do it or do I just need 2 witnesses that aren’t related and to sign in front of a notary?

Lexi

Lexi, Chatbot

I’m really sorry to hear about your dad’s situation; that must be incredibly difficult for your family. Have you already discussed the durable power of attorney with your mom and dad?

Yes, but my dad is oriented and has a hard time staying awake and speaking in long sentences. He gets very exhausted quickly.

Lexi

Lexi, Chatbot

Is there a specific state where this durable power of attorney needs to be executed?

Oklahoma

Liz

Liz

Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I’m here to assist with your legal concerns. I’m so sorry about your dad’s diagnosis. So I can best help, are both parents currently able to understand what is being signed?

Yes. My dad is just very weak and has difficulty speaking more than a few words at a time.

Liz

Liz

Perfect.

Liz

Liz

As long as your dad understands what he is signing, it would usually require witnesses and a notary to be valid in Oklahoma (58 OK Stat § 3005). An attorney is typically only needed for drafting, but you can use a form template.

Awesome, thanks.

Liz

Liz

You’re very welcome!

Liz

Liz

41,505 satisfied customers

Liz
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