Oklahoma Senate Bill SB1566

Oklahoma 2022 Regular Session

• Introduced: 2/7/22
• Refer: 2/8/22

Caption

Power of Attorney; authorizing delegation of powers regarding child care and custody when incapacitated. Effective date.

Impact

The impact of SB1566 on state laws includes a more defined legal framework for parents and custodians who might need to temporarily transfer their authority due to incapacitation. This change is intended to provide clarity and flexibility for family situations while ensuring that parental rights are preserved. The bill explicitly states that delegating powers does not constitute abandonment or neglect if the parent remains in contact and executes a new power of attorney when necessary.

Summary

Senate Bill 1566 aims to update the laws regarding the delegation of parental and legal custodian powers in situations where a parent or custodian becomes incapacitated. The bill allows a parent or legal custodian to delegate their authority over the care and custody of a child to another person for a period not exceeding one year. This delegation is contingent upon providing sufficient documentation of the parent's or custodian's incapacity, such as medical records or law enforcement reports. The bill also outlines that such a delegation does not remove the parent's or custodian's ultimate authority and can be revoked at any time.

Contention

One of the notable points of contention surrounding SB1566 could involve concerns about the adequate verification of incapacity and the potential for abuse of the power granted through attorney-in-fact designations. Critics may worry that this framework could open the door to exploitation if proper safeguards are not put in place to protect the interests of the children involved. Furthermore, the bill clarifies that the delegation should not include sensitive decisions such as marriage or adoption, which may add layers of discussion about overall child welfare and legal guardianship.