Passed by the legislature in the spring, House Bill 2548 established Oklahoma’s new Uniform Power of Attorney act and went into effect on November 1st under Title 58. This act, which provides for more uniform power of attorney documents from state-to-state, mostly focuses on the financial power of attorney. Unfortunately though, through some drafting oversight, the act eliminated the opportunity for individuals to draft new health care powers of attorney. While any durable powers of attorney entered into prior to November 1, 2021 remain valid and in full effect, those entered into after November 1 are invalid for health care purposes (financial powers of attorney are still effective).
If you or a loved one is trying to get health care planning done this leaves you with some limited options. While healthcare powers of attorney may be invalid, advanced directives (also known as living wills) are not. An advanced directive can tell your healthcare provider what level of care to provide if you are incapacitated, so given the current state of affairs, having an advanced directive is more important than ever. (Click here to view an earlier blog post explaining healthcare power of attorney v. advanced directive.) Otherwise, talk to your attorney about your best options in this time of uncertainty.
No one knows what the future holds, but with a plan in place that provides for your own future needs and those of your loved ones, you can proceed with peace of mind. If you or a friend or loved one are considering estate planning for the first time, or are in need of updating an existing plan, please contact the attorney at Skillern Law Firm, PLLC by phone at 918-805-2511 or contact@skillernlaw.com. Feel free to also book an appointment with our firm using our Book an Appointment Online page!
