Oklahoma Baptist Homes for Children

 
Neal Wooldridge

a word from Neal Wooldridge
Vice President for Planned Giving

What is a Durable Power of Attorney?

Durable Power of Attorney documentThe Durable Power of Attorney was established by the state in recent years for the specific purpose of allowing individuals that are 18 years and older to name an individual to act for them when they become incapacitated. The Durable Power of Attorney gives the power to the individual whom you have specified to act for you only when you become incompetent. The document has no application whatsoever while you are competent. But the underlining issue is that you have to create a Durable Power of Attorney while you are competent. The person you name in your Durable Power of Attorney while you are competent can act for you only when you are incompetent. For example in the state of Oklahoma it requires two physicians to declare that you are incompetent before your appointed power of attorney can take on the legal responsibilities on your behalf.

Most legal documents are uniform throughout the fifty states, but not the Durable Power of Attorney. Each state legislature seems to have adopted its own approach. The Oklahoma Statutory is very clear on its approach in the area of Durable Power of Attorney. So as you move from state to state, your Durable Power of Attorney is one of those documents that should be reviewed to make sure that it complies with that particular state’s legal requirements.

The Durable Power of Attorney is a very important aspect of your estate plan. If you need to know more about the Durable Power of Attorney, please feel free to contact Neal Wooldridge, Vice President for Planned Giving at (405) 570-9836 or e-mail Neal Wooldridge.


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