DURABLE FINANCIAL POWER OF ATTORNEY

(State of Oklahoma)

[// GUIDANCE: Replace all bracketed, ALL-CAP placeholders with client-specific information. Remove guidance brackets before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title
   Durable Financial Power of Attorney (the “Instrument”)

2. Parties
   a. “[PRINCIPAL NAME],” an individual with a primary residence at [PRINCIPAL ADDRESS] (the “Principal”); and
   b. “[AGENT NAME],” an individual residing at [AGENT ADDRESS] (the “Agent”).

3. Effective Date
   This Instrument is effective as of [EFFECTIVE DATE] (the “Effective Date”).

4. Governing Law & Jurisdiction
   This Instrument shall be governed by and construed in accordance with the laws of the State of Oklahoma, including the Oklahoma Uniform Durable Power of Attorney Act (the “Act”), without regard to conflict-of-law principles.

5. Recitals
   WHEREAS, the Principal desires to appoint the Agent to act on the Principal’s behalf with respect to the Principal’s property and financial affairs; and
   WHEREAS, the Principal intends this Instrument to be durable and to remain in effect notwithstanding the Principal’s subsequent disability or incapacity;
   NOW, THEREFORE, in consideration of the mutual promises and the fiduciary relationship established herein, the parties agree as follows.

II. DEFINITIONS

For purposes of this Instrument, capitalized terms shall have the meanings set forth below:

“Act” means the Oklahoma Uniform Durable Power of Attorney Act, as amended from time to time.

“Assets Under Management” means all real, personal, intangible, and digital property over which the Agent has authority pursuant to this Instrument as of any relevant measurement date.

“Durable” means not terminated by the Principal’s disability, incapacity, or the lapse of time, as acknowledged in Section III.1(e).

“Limited Arbitration Matters” has the meaning assigned in Section VIII.3(a).

“Principal’s Successor” means the Principal’s conservator, guardian, personal representative, or any other court-appointed fiduciary.

Other terms used but not defined herein shall have the meanings assigned by the Act.

III. OPERATIVE PROVISIONS

1. Appointment of Agent
   a. Designation. The Principal hereby appoints the Agent as the Principal’s true and lawful attorney-in-fact to act for the Principal as provided herein.
   b. Successor Agents. If the Agent resigns, is removed, or becomes unable to serve, then [SUCCESSOR AGENT NAME] (“Successor Agent”) shall serve. Additional successors may be listed in Schedule 1.
   c. Co-Agents. (Check one):
   ☐ Not applicable.
   ☐ The following co-agents shall act JOINTLY / SEVERALLY: [CO-AGENT NAMES].
   d. Acceptance. The Agent accepts the appointment upon signing the Acknowledgment in Section X.
   e. Durability Statement. The Principal intends and declares that this power of attorney shall not be affected by the subsequent disability or incapacity of the Principal.

2. Grant of Authority
   Subject to Section 3 (Limitations) and any special instructions in Schedule 2, the Agent is granted authority to perform every act the Principal could perform with respect to the following non-exclusive categories (“General Authority”):
   a. Real Property Transactions
   b. Tangible Personal Property Transactions
   c. Banking and Financial Institution Transactions
   d. Digital Assets and Electronic Communications
   e. Business Operations and Entity Interests
   f. Securities and Commodities
   g. Insurance and Annuities
   h. Estate, Trust, and Beneficiary Transactions
   i. Personal and Family Maintenance
   j. Tax Matters
   k. Government Benefits (including Social Security, Medicare, and Veterans Affairs)

3. Limitations on Authority
   a. Fiduciary Standard. The Agent shall act in accordance with the fiduciary duties set forth in Section V.
   b. Gifting. The Agent may not make gifts except as expressly authorized in Schedule 2 or as otherwise permitted by the Act.
   c. Self-Dealing. The Agent shall not transfer, convey, or encumber the Principal’s property for the Agent’s personal benefit except:
   (i) reimbursement for reasonable expenses; or
   (ii) compensation authorized under Section V.3.
   d. Health-Care Decisions Excluded. This Instrument does not authorize health-care or end-of-life decisions; such matters are governed by separate documentation.
   e. Delegation. The Agent shall not delegate authority except as permitted by the Act and only to qualified sub-agents with fiduciary obligations.

4. Special Instructions
   [INSERT any bespoke provisions or strike “None.”]
   Example: “Agent may make annual exclusion gifts up to the federal gift-tax exemption to the Principal’s descendants.”

5. Effective Date of Specific Powers
   (Check one):
   ☐ Immediate. All powers are effective as of the Effective Date.
   ☐ Springing. Powers become effective upon written certification by a licensed physician stating that the Principal lacks capacity. Certification shall be provided to the Agent and any third party on whom powers are to be exercised.

IV. REPRESENTATIONS & WARRANTIES

1. Principal
   a. Capacity. The Principal affirms that, as of the Effective Date, the Principal is of sound mind and over eighteen (18) years of age.
   b. Title. The Principal warrants good title to all Assets Under Management free from undisclosed liens except as listed in Schedule 3.

2. Agent
   a. Eligibility. The Agent is at least eighteen (18) years of age, is not currently under guardianship, and is not disqualified under any applicable law.
   b. No Conflict. The Agent certifies that acceptance of this appointment will not create any material conflict of interest with the Agent’s personal interests or duties to others.
   c. Authority to Contract. The Agent has full power and authority to enter into and perform this Instrument.

3. Survival
   All representations and warranties shall survive revocation of this Instrument with respect to acts or omissions occurring prior thereto.

V. COVENANTS & RESTRICTIONS

1. Fiduciary Duties
   The Agent shall:
   a. act in good faith, with care, competence, and diligence;
   b. act only within the scope of authority granted herein;
   c. act loyally for the Principal’s benefit, avoiding conflicts of interest;
   d. keep records of all receipts, disbursements, and transactions;
   e. cooperate with any guardian, conservator, or court as required.

2. Accounting & Reporting
   a. Upon request by the Principal, a Principal’s Successor, or a court of competent jurisdiction, the Agent shall provide a written accounting within thirty (30) days.
   b. The accounting shall include a complete inventory and valuation of Assets Under Management, receipts, disbursements, and supporting documentation.

3. Compensation & Reimbursement
   a. The Agent is entitled to reimbursement for reasonable expenses incurred in good-faith performance of duties.
   b. The Agent may receive reasonable compensation consistent with customary fiduciary rates unless the Principal strikes this paragraph.

4. Record Preservation
   The Agent shall retain records for at least seven (7) years following termination of the Agent’s authority or such longer period as required by law.

VI. DEFAULT & REMEDIES

1. Events of Default
   The following constitute “Events of Default”:
   a. Agent’s breach of fiduciary duty or material breach of this Instrument;
   b. misappropriation, fraud, or self-dealing;
   c. failure to provide a timely accounting;
   d. incapacity, resignation, or death of the Agent without an available Successor Agent.

2. Notice & Cure
   a. Written notice of default shall be delivered to the Agent at the address in Section I.2.
   b. The Agent shall have ten (10) days to cure any curable default before enforcement actions commence.

3. Remedies
   a. Removal of Agent by written instrument executed by the Principal or by court order;
   b. Injunctive relief to prevent further breach;
   c. Surcharge of the Agent’s compensation and restitution;
   d. Attorneys’ fees and costs awarded to the prevailing party in any enforcement action.

VII. RISK ALLOCATION

1. Indemnification
   a. The Agent shall indemnify and hold harmless the Principal and the Principal’s Successors from losses arising out of the Agent’s breach of fiduciary duty, willful misconduct, or gross negligence.
   b. The Principal shall indemnify the Agent, to the extent of Assets Under Management, for claims or liabilities arising from good-faith acts within the scope of authority, excluding willful misconduct or gross negligence.

2. Limitation of Liability
   The Agent’s aggregate liability to the Principal and all third parties for claims arising under this Instrument shall not exceed the fair market value of the Assets Under Management at the time the cause of action accrues, except for losses caused by fraud or intentional wrongdoing.

3. Insurance
   The Agent may obtain fiduciary liability insurance at the Principal’s expense and is encouraged to do so for estates exceeding $[THRESHOLD].

4. Force Majeure
   Neither party shall be liable for failure to perform caused by events beyond reasonable control, including natural disasters, governmental actions, or pandemics, provided that reasonable efforts to mitigate are undertaken.

VIII. DISPUTE RESOLUTION

1. Governing Law
   As stated in Section I.4, Oklahoma law governs.

2. Forum Selection & Injunctive Relief
   Exclusive jurisdiction for equitable or injunctive proceedings relating to this Instrument shall lie in the District Court of [COUNTY] County, State of Oklahoma, Probate Division. The parties acknowledge that fiduciary matters are properly heard in that forum.

3. Limited Arbitration
   a. “Limited Arbitration Matters” include disputes solely between the Principal (or the Principal’s Successor) and the Agent regarding (i) accounting accuracy, (ii) fee disputes, or (iii) reimbursement claims not exceeding $250,000 in controversy.
   b. Such disputes shall be resolved by confidential, binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
   c. The arbitrator must be an Oklahoma attorney with at least ten (10) years’ fiduciary-law experience.
   d. The arbitrator may award any remedy available at law or equity, but may not exceed the liability cap in Section VII.2.

4. Jury-Trial Waiver
   To the fullest extent permitted by applicable law, the parties knowingly waive the right to a jury trial in any civil action or proceeding arising out of Limited Arbitration Matters or enforcement of an arbitral award. No waiver is made for guardianship, conservatorship, or removal proceedings in probate court.

IX. GENERAL PROVISIONS

1. Amendment & Revocation
   a. The Principal may amend or revoke this Instrument at any time by executing a written instrument, acknowledged before a notary public, and delivering it to the Agent and any relevant third party.
   b. Revocation is effective upon such delivery unless otherwise stated.
   c. The Principal shall record any revocation affecting real property in the office of the county clerk where the property is located.

2. Resignation of Agent
   The Agent may resign by giving thirty (30) days’ written notice to (i) the Principal, (ii) any nominated Successor Agent, and (iii) the court if a proceeding is pending.

3. Assignment
   This Instrument is personal to the Agent; neither rights nor obligations may be assigned, pledged, or encumbered except as expressly permitted herein.

4. Integration
   This Instrument constitutes the entire agreement regarding the subject matter and supersedes all prior powers of attorney, except to the extent incorporated herein.

5. Severability
   Any unenforceable provision shall be severed and the remainder construed to effect the original intent to the maximum extent lawful.

6. Electronic Signatures & Counterparts
   This Instrument may be executed in any number of counterparts, each deemed an original, and signatures transmitted electronically shall be deemed valid and binding.

X. EXECUTION BLOCK

1. PRINCIPAL’S SIGNATURE

I, [PRINCIPAL NAME], have read the foregoing Durable Financial Power of Attorney and hereby execute it on the Effective Date.

[PRINCIPAL NAME], Principal

Date: _______

2. ACKNOWLEDGMENT OF AGENT

I, [AGENT NAME], have read the foregoing Durable Financial Power of Attorney, accept the appointment as Agent, and agree to act in accordance with its terms and my fiduciary duties under Oklahoma law.

[AGENT NAME], Agent

Date: _______

3. NOTARIZATION

State of Oklahoma )
County of [COUNTY] ) ss.

On this _ day of ____, 20____, before me, the undersigned notary public, personally appeared [PRINCIPAL NAME] and [AGENT NAME], known to me or satisfactorily proven to be the persons whose names are subscribed hereto, and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public

My commission expires: ____

4. OPTIONAL WITNESS ATTESTATION

[// GUIDANCE: Oklahoma does not require witnesses for a financial POA, but the following is recommended for additional evidentiary strength.]

The undersigned witnesses declare that the Principal appears to be of sound mind and free from duress, and that the Principal affirmed that this Instrument reflects the Principal’s wishes.

Witness 1: ___ Name: ___ Date: ____

Witness 2: ___ Name: ___ Date: ____

SCHEDULES

Schedule 1 – Successor Agents
Schedule 2 – Special Instructions & Powers Withheld or Granted
Schedule 3 – Liens & Encumbrances Disclosure

[// GUIDANCE: Attach completed schedules, or mark “None.”]