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Oklahoma City Power of Attorney Laws


There are times when a person needs someone else to act on his or her behalf, and many times these situations involve decisions that can literally have grave consequences. Unfortunately, people become incapacitated either physically, mentally or both at times, and during these difficult time periods that person needs someone to act on his or her behalf in a manner that’s clear and sound in judgment.


These situations give rise to a document or set of documents known as the Power of Attorney, which allows a designated party to make these decisions in regards to several situations. A valid Power of Attorney document can save time, money and stress and avoid intense conflicts for everyone involved.


If you would like to consider your options as they relate to a Power of Attorney form, you need to contact Privett Law immediately to schedule an initial consultation, so that I will be able to explain all the different circumstances in which a Power of Attorney situation could arise and why and when such a strategy would be advisable.


The Oklahoma Durable Power of Attorney


Generally, the Power of Attorney issue arises in estate planning contexts in relation to medical decisions, and the form used to designate such a person with this decision-making authority is known as the Durable Power of Attorney, which is sometimes referred to as a Medical Power of Attorney.


Doctor Care and Power of Attorney


The person with this designation can evaluate the level of care that a person is receiving from a particular doctor or medical facility, and if he or she is not satisfied with the standard of care being provided, he or she can make the decision to change doctors, change facilities and even change locations if he or she feels such a step is necessary.


Power of Attorney and Surgical Decisions


Many times, the person at issue will be unable to mentally formulate solid and sound decisions, which was why the Durable Power of Attorney was authorized in the first place. This becomes especially important when, in the course of medical care, decisions need to be made in regards to possible surgical procedures.


The person acting on the original party’s behalf can make the necessary decisions regarding surgery and whether it will be of help to the patient or present too much of a risk to that patient much as the original party would him or herself. These decisions are often critical in nature and need to be made quickly, which is why this authority is so important at times.


Living Situation Decisions


Many times, the person who granted the Power of Attorney will need to be moved to some sort of facility in order to receive ongoing care, medical supervision or therapy. When this eventuality arises, the designate can make these decisions without authorization from anyone else, and again, these decisions must be made in accordance with the original party’s best interests as the priority.


For instance, certain situations in a medical context would be best handled in a hospital or rehabilitation facility, and others would necessitate an extended stay in a nursing home or some other form of a managed care facility. The designate will make these decisions based on the diagnosis, prognosis and recommendations of the medical care providers.


Life Continuation Decisions


The most critical function that someone acting under a Durable Power of Attorney can serve is to make the decision of whether or not to continue a person’s life. Many times, the original party will execute a Durable Power of Attorney when he or she is faced with a terminal illness or in anticipation of an accident that leaves that person incapacitated and mentally incapable of making these decisions.


Assuming there is no living will or there is a living will that names the designate and dictates the original party’s wishes, the designate will make the decision of whether or not to continue such medical functions as life support or persisting in a vegetated state. Obviously, there are no decisions more important than this one, which is why the person authorized to make these decisions needs to be of clear mind and absent of any bias. 


Your Next Step


Obviously, the most critical decision to be made if you’re thinking of granting a Durable Power of Attorney is who that person will be. You also have options as to which decisions your designate will be able to make. In order to be sure that you are handling this issue properly, you need to contact Privett Law immediately to schedule an initial consultation.