Elder Law Update
A Monthly Newsletter of the
Senior Law Resource Center

February 2012
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We are sending out our February e-newsletter a little early to let our readers know about some changes made to the new Durable Power of Attorney handout we wrote about in our last issue. Thanks to some excellent feedback, we have made a few changes to the brochure. Click here to view the updated handout.

Please feel free to share your comments and suggestions by emailing [email protected]. We also appreciate your help sharing this information. Please forward this newsletter on to friends, family and colleagues.

Did you miss an issue? Click here to view past Elder Law Updates. 

Can a Durable Power of Attorney Be Used To Make End-Of-Life Decisions? 

Yes, But Only If Drafted Properly  

 

We recently released a handout on Durable Powers of Attorney. In an attempt to keep things simple (always a challenge when talking about the law), we wrote that a Durable Power of Attorney could not be used to make life-sustaining medical decisions such as withdrawing a ventilator or feeding tube.

 

Well, our wise colleague Annette Prince at the Oklahoma Palliative Care Resource Center rightly took us to task. So we are here to set the record straight on this important (but somewhat complicated) issue.

The Uniform Durable Power of Attorney Act, 58 O.S. s. 1072.1 states that a durable power of attorney cannot grant the authority to make life-sustaining treatment decisions unless the power complies with one of two other laws related to end-of-life decision-making. In 2006, the Attorney General issued an opinion clarifying how a durable power of attorney could comply with these laws.

If a person wants to give an attorney-in-fact the authority to make life-sustaining treatment decisions, including decisions regarding artificial nutrition and hydration, the durable power of attorney must:
  1. be signed in front of two witnesses who will not inherit from the principal by will or otherwise
  2. contain language specifically authorizing the agent to make life sustaining treatment decisions
  3. contain language specifically authorizing the agent to consent to the withholding or withdrawing of artificially administered nutrition and hydration

Furthermore, the language authorizing decisions about artificially administered nutrition and hydration must either be in the principal's own words or in a separate section that is separately initialed or signed by the principal.   

 

We couldn't fit all of this into our short handout, but we did make some changes to the publication to clarify what medical decisions a durable power of attorney could authorize.  

 

The revised handout is at the printer now and is currently available as a PDF from our website.  

 

There is always room for improvement, and we welcome all suggestions! 

 

OK Tax Refunds Will Be Issued as Debit Cards 

No More Tax Refund Checks  

 

According to a recent Tulsa World article, the Oklahoma Tax Commission will no longer issue state tax refund checks. Instead, taxpayers entitled to refunds can either choose to receive their refunds by direct deposit or in the form of debit cards.

Those who receive debit cards will have 60 days to use the cards. If more than 60 days passes without card activity, there will be a $1.50 monthly fee, according to the article.

Debit card holders will have the option of transferring the card balance to a checking or savings account. However, there will be a .75 fee.
About the Senior Law Resource Center
The Senior Law Resource Center is a 501(c)3 non-profit organization dedicated to empowering Oklahomans to age with independence, dignity, and security by providing high-quality, affordable legal information and services. 

 

Senior Law Resource Center 

600 N.W. 23rd Street, Ste. 106

Oklahoma City, Oklahoma 73103

(405) 528-0858

FAX: (405) 601-2134

[email protected]

www.senior-law.org

In This Issue
Can a Durable Power of Attorney Be Used To Make End-Of-Life Decisions?
OK Tax Refunds Will Be Issued as Debit Cards
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Our attorneys provide free information and affordable assistance with basic estate and incapacity planning, probate, adult guardianship, and other elder law issues. We have no income or age requirements.
  
Call (405) 528-0858 or email [email protected] for more information.
Free Materials Available
The Senior Law Resource Center offers a variety of educational materials, including:

-What You Need To Know About Durable Powers of Attorney NEW! 

 

-Your Right To Decide: Oklahoma's Advance Directive & Other Health Care Planning Tools

 

-Who Decides? Caring for Patients with Diminished Capacity

 

-Striking a Balance: A Guide to Adult Guardianship for Guardians and Wards

 

-Grandparenting in Oklahoma: Law & Resources for Grandparents & Other Relatives

 

-Advance Directives & End-Of-Life Guidance in Oklahoma (video)

 

All of our materials are free and available online at www.senior-law.org.

 

To order printed copies, or for more information, email [email protected] or call (405) 528-0858.