Oklahoma § 58-3036 - Personal and family maintenance

§ 58-3036. Personal and family maintenance

A. Unless the power of attorney otherwise provides, language in

a power of attorney granting general authority with respect to

personal and family maintenance authorizes the agent to:

1. Perform the acts necessary to maintain the customary

standard of living of the principal, the principal's spouse and the

following individuals, whether living when the power of attorney is

executed or later born:

a.

the principal's children,

b.

other individuals legally entitled to be supported by

the principal, and

c.

the individuals whom the principal has customarily

supported or indicated the intent to support;

2. Make periodic payments of child support and other family

maintenance required by a court or governmental agency or an

agreement to which the principal is a party;

3. Provide living quarters for the individuals described in

paragraph 1 of this subsection by:

a.

purchase, lease or other contract, or

Oklahoma Statutes - Title 58. Probate Procedure

b.

paying the operating costs, including interest,

amortization payments, repairs, improvements and

taxes, for premises owned by the principal or occupied

by those individuals;

4. Provide normal domestic help, usual vacations and travel

expenses, and funds for shelter, clothing, food, appropriate

education, including postsecondary and vocational education, and

other current living costs for the individuals described in

paragraph 1 of this subsection;

5. Pay expenses for necessary health care and custodial care on

behalf of the individuals described in paragraph 1 of this

subsection;

6. 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, in making decisions

related to the past, present or future payment for the provision of

healthcare consented to by the principal or anyone authorized under

the law of this state to consent to health care on behalf of the

principal;

7. Continue any provision made by the principal for automobiles

or other means of transportation, including registering, licensing,

insuring and replacing them, for the individuals described in

paragraph 1 of this subsection;

8. Maintain credit and debit accounts for the convenience of

the individuals described in paragraph 1 of this subsection and open

new accounts; and

9. Continue payments incidental to the membership or

affiliation of the principal in a religious institution, club,

society, order or other organization or to continue contributions to

those organizations.

B. Authority with respect to personal and family maintenance is

neither dependent upon, nor limited by, authority that an agent may

or may not have with respect to gifts under this act.

Added by Laws 2021, c. 332, § 36, eff. Nov. 1, 2021.