Getting a power of attorney (POA) is an important step in ensuring that our affairs are managed according to our wishes, especially if we become incapacitated or unable to make decisions on our own. A POA allows us to legally appoint someone we trust to act on our behalf, handling everything from financial matters to healthcare decisions. Here’s a step-by-step guide on how to get a power of attorney.

First, we need to understand the different types of power of attorney. There are several kinds, each designed to serve specific purposes. A **general power of attorney** gives broad authority to the agent, allowing them to handle financial transactions, business decisions, and more on our behalf. This type typically ends if we become incapacitated. On the other hand, a **durable power of attorney** remains in effect even if we become incapacitated, ensuring that our agent can continue to act on our behalf. A **limited or special power of attorney** grants authority for specific tasks, such as selling a home or managing a particular account. Finally, a **healthcare power of attorney** designates someone to make medical decisions for us if we’re unable to do so.

Once we’ve identified the type of POA we need, the next step is selecting the right agent. This person should be someone we trust implicitly, as they’ll have significant control over our affairs. It’s essential to have a conversation with the person we’re considering to make sure they’re comfortable taking on this responsibility and fully understand the scope of their role.

After choosing the type of POA and the agent, the next step is to draft the document. It’s highly recommended to work with an experienced estate planning attorney during this process. The lawyer can ensure the POA is properly tailored to our needs and complies with state laws. For example, in Oklahoma, a POA must meet specific requirements to be legally binding, and an attorney can help ensure those conditions are met. We can also include specific instructions in the document, detailing what actions the agent can and cannot take.

Once the POA document is drafted, it must be signed and notarized. In most cases, we will need to sign the document in front of a notary public to make it legally valid. This step is crucial because it formalizes the document and ensures that the signatures are legitimate. Some states, including Oklahoma, may also require witnesses to be present during the signing. 

After the document is signed and notarized, it’s important to distribute copies to the necessary parties. The agent we’ve appointed should have a copy, and it’s a good idea to give copies to financial institutions, healthcare providers, and any other relevant individuals or organizations that may need to recognize the agent’s authority. We should also keep the original document in a safe place, ensuring that it’s easily accessible if needed.

Finally, we must regularly review and update the POA as necessary. Life changes, such as marriage, divorce, or the birth of a child, may prompt us to modify the document. It’s essential that our power of attorney reflects our current wishes and circumstances.

By following these steps, we can secure a power of attorney that ensures our affairs will be handled properly, even if we’re unable to manage them ourselves. Working with an experienced estate planning attorney and carefully selecting the right agent gives us the peace of mind that our future is in good hands.