Oklahoma § 58-3009 - When power of attorney effective

§ 58-3009. When power of attorney effective

A. A power of attorney is effective when executed unless the

principal provides in the power of attorney that it becomes

effective at a future date or upon the occurrence of a future event

or contingency.

B. If a power of attorney becomes effective upon the occurrence

of a future event or contingency, the principal, in the power of

attorney, may authorize one or more persons to determine in a

writing or other record that the event or contingency has occurred.

C. If a power of attorney becomes effective upon the

principal's incapacity and the principal has not authorized a person

to determine whether the principal is incapacitated, or the person

authorized is unable or unwilling to make the determination, the

power of attorney becomes effective upon a determination in a

writing or other record by:

1. A physician or licensed psychologist that the principal is

incapacitated within the meaning of subparagraph a of paragraph 5 of

Section 2 of this act; or

2. An attorney at law, a judge or an appropriate governmental

official that the principal is incapacitated within the meaning of

subparagraph b of paragraph 5 of Section 2 of this act.

D. A person authorized by the principal in the power of

attorney to determine that the principal is incapacitated may act as

the principal's personal representative pursuant to the Health

Insurance Portability and Accountability Act, Sections 1171 through

1179 of the Social Security Act, 42 U.S.C., Section 1320d, as

amended, and applicable regulations, to obtain access to the

principal's health care information and communicate with the

principal's health care provider.

Added by Laws 2021, c. 332, § 9, eff. Nov. 1, 2021.