Oklahoma Advance Directive Form [PDF]

Learn about the advance directive in Oklahoma to properly appoint a health care agent and ensure your medical wishes are honored.

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Oklahoma
Customized for OklahomaThis document may be legally binding in Oklahoma according to your state specific regulations.
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  • Last reviewed on April 27th
Oklahoma Advance Directive Form [PDF]

An advance directive in Oklahoma is a valuable document for individuals who wish to regulate their future decisions about medical care as part of their advance care planning. It ensures a person they choose will make medical decisions on their behalf in case of a severe illness that prevents them from communicating their wishes.

Under Oklahoma law, an advance directive form can include a living will, where individuals clearly state their wishes and instructions regarding medical treatment. 

Additionally, it can consist of appointing an Oklahoma health care proxy, established through a durable power of attorney for health care (medical power of attorney). This form allows individuals to designate a trusted person to act on their behalf.

Signing Requirements for the Oklahoma Advance Health Care Directive

Under Oklahoma Statutes, Section 63-3101.4, there are specific signing requirements for the Oklahoma healthcare advance directive form. Adhering to these ensures that the process is legal and the document is enforceable. 

The requirements are as follows:

Signing Requirements for Oklahoma

  • An individual of sound mind and at least eighteen (18) years old can execute an advance health care directive at any time.

  • The directive must be signed by the declarant and witnessed by two individuals at least eighteen (18) years old.

Importantly, there are restrictions on who can serve as a witness; the following individuals are excluded from acting as one:

  • Legatees

  • Devisees

  • Heirs at law

Oklahoma Advance Health Care Directive Revocation & Changing

Oklahoma advance directive becomes effective once the person can no longer make health care decisions and it is communicated to the attending physician. 

According to Section 63-3101.6, an advance directive can be revoked fully or partially at any time by the declarant, regardless of their mental or physical condition. The revocation must be communicated to the attending physician or another health care provider, either by the declarant or a witness.

Additional Legal Considerations for the Oklahoma Advance Health Care Directive

According to Section 63-3101.9, if a doctor or health care provider disagrees with a patient’s medical treatment decisions, they must transfer the patient to a provider who will respect that decision. If the decision could result in the patient’s death, the initial provider must still follow the preferred procedure until the transfer is completed.

Additionally, Section 63-3101.14 specifies that when an advance directive for health care is created in another state, it will generally be recognized in Oklahoma if it aligns with Oklahoma’s legal limits on such authorization.

Finally, as stated in Section 63-3101.12(B), creating an advance directive form will not impact the declarant's ability to buy or get a life insurance policy or annuity.

How to Choose a Health Care Agent in Oklahoma

To choose a health care agent in Oklahoma, start by selecting a trustworthy individual who understands your values and wishes for medical care. An agent should be reliable, able to handle complex decisions under pressure, and committed to following your instructions.

In Oklahoma, anyone over 18 years old can be your health care agent. However, it cannot be your health care provider or any employee of a facility where you’re receiving care unless they are a family member.

What Happens if You Don’t Have an Advance Directive in Oklahoma?

Without an advance directive in Oklahoma, there will be no clear instructions on how to handle your medical care, like deciding on life-support treatments and other critical interventions.

In this situation, medical decisions will be made by family members, close friends, or a court-appointed guardian. However, their choices may not reflect your wishes, as your preferences will not be documented, leaving them without clear guidance on how to proceed.

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