§ 58-1072.3. Definition.

A.  “Extended absence” as used in the Uniform Durable Power of Attorney Act means that a principal has been missing or loses all contact with the designated attorney-in-fact, family members, and friends for a period of more than forty-five (45) days.  "Contact" includes but is not limited to face-to-face contact, a communication that can reasonably be verified as having been produced or made by the principal such as a letter, phone call, text message, electronic mail or other electronic communication.  If the principal is a member of the Armed Forces of the United States, an extended absence as defined in this section, shall not exist when the principal is deployed for military service or training or is classified as missing in action or a prisoner of war.  A durable power of attorney activated because of an extended absence shall be considered in effect until the principal makes contact with the attorney-in-fact, family members, or friends or until the principal is found.

B.  Once a principal’s extended absence exceeds the period of time prescribed by Section 941 of Title 58 of the Oklahoma Statutes, the attorney-in-fact shall start proceedings under Section 941 of Title 58 of the Oklahoma Statutes to have the principal declared legally dead.

Added by Laws 2010, c. 315, § 4, eff. Nov. 1, 2010.