Why it matters more than people expect
Most estate planning is about what happens after you die. A power of attorney is about what happens while you are still here but cannot manage things — a stroke, an accident, a hospital stay, or a decline that arrives gradually.
Without one, your family cannot simply step in. Banks will not talk to them. The mortgage still comes due. The only route left is asking a court to appoint a guardian: a public proceeding that costs money, takes time, and puts a judge in charge of choosing who acts for you. A document signed in advance avoids all of it.
The two documents
Durable power of attorney (financial)
Authorizes someone you name to handle money matters — banking, bills, insurance, real estate, taxes, and benefits. Durable means it stays in effect if you become incapacitated, which is the entire point of having one.
Healthcare power of attorney and advance directive
Names the person who makes medical decisions for you and records your own wishes about life-sustaining treatment, so no one is left guessing. Oklahoma has a statutory advance directive; we make sure yours is completed correctly and actually reaches your physicians.
What we decide together
- Who you nameYour agent, plus at least one backup.
- How much authorityBroad, or limited to specific accounts and tasks.
- When it takes effectImmediately, or only on a doctor's finding of incapacity.
- Gifting authorityWhether your agent may make gifts at all, and to whom.
- Your medical wishesLife support, artificial nutrition, and who speaks for you.
- Who holds a copyYour agent, your physician, and where the original lives.
How the process works
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Free consultation
We talk through who you would trust with this, and what you would want them able to do.
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Choosing your agent
The most important decision in the document. We will walk through what to weigh — and it is perfectly reasonable to name different people for money and for medical decisions.
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Drafting
Matthew drafts both documents with the authority scoped the way you want it.
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Signing
Executed and notarized properly, so banks and hospitals accept them without argument.
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Getting them where they are needed
Copies to your agent and your physician, and clear instructions on who else should have one.
“I have used Matt for the last few years and I recommend him to all my friends and family. He actually seems to care about his client and never seems too busy to spend time with you.”
Common questions
Can my agent do whatever they want?
No. Your agent acts as a fiduciary — legally required to act in your interest, keep your money separate from theirs, and keep records. You also control the scope, and we can limit the authority to specific tasks or accounts.
Should it take effect right away, or only if I am incapacitated?
Both are options. An immediate power of attorney is simpler and works the moment it is needed. A springing one requires proof of incapacity first, which can mean delay at exactly the wrong time. We will explain the trade-off and you decide.
Can I revoke it?
At any time, as long as you have capacity. We will tell you how to do it properly and who needs to be notified so the old document stops circulating.
Will my bank accept it?
Usually. The friction that does come up tends to involve old or non-standard forms. We draft to Oklahoma's statutory framework, and if you are concerned about a particular institution we can address it directly.
Is it still valid if I move?
Generally yes — other states typically honor a power of attorney that was validly executed where it was signed. Even so, it is worth having it reviewed by counsel in your new state.