The Oklahoma medical power of attorney, or healthcare power of attorney, is a legal document that delegates the authority from one party, called the principal, to another party, called the agent or the attorney-in-fact, to represent them and make decisions about their healthcare.
The medical power of attorney should be issued when the principal is facing life-threatening surgery or has been diagnosed with a terminal illness. The principal can use the document to outline their preferences regarding treatments and medications they want or don’t want to be subjected to.
The medical power of attorney rights and limitations define the scope of the agent’s authority, based on which they can make decisions about the principal’s healthcare.
Laws and Legal Requirements for a Medical Power of Attorney in Oklahoma
Laws and Legal Requirements
Title 63, Sections 63-3101.1 to 63-3102A of the Oklahoma Statutes regulate the status of medical power of attorney in Oklahoma.
Section 63-3101.4 provides the signature requirements. It states that the principal and at least two witnesses must sign the Oklahoma medical power of attorney form.
Section 63-3101.6 provides that the principal can revoke the medical power of attorney at any time, regardless of their physical or mental state. The attending physician should include the revocation in the principal’s medical record.
How to Write a Medical Power of Attorney in Oklahoma
Here, you can see the step-by-step process of drafting the Oklahoma medical power of attorney using our medical power of attorney template.
How to Write a Medical Power of Attorney
#1. Access the Medical Power of Attorney Form
You can find the medical power of attorney template here and fill it out according to the instructions provided by our advanced legal document builder. The builder will walk you through every step of the procedure and give you all the information you need to accurately complete the medical power of attorney form.
The first step is to fill out the basic information, such as:
Name, address, and contact details of the principal
Date of issuing the power of attorney
#2. Appoint a Healthcare Representative
Here, you should provide the full name, mailing address, and contact details of the person you want to appoint as your healthcare representative and enable them to make healthcare decisions on your behalf. This should be an adult with the legal capacity to act.
Moreover, considering the importance of the matter your healthcare representative will have authority over, you should choose someone trustworthy. This can be your spouse, a relative, a friend, or someone you trust. The healthcare representative is also referred to as the agent or the attorney-in-fact.
#3. Identify an Alternative Healthcare Representative
This person is also referred to as the secondary agent or the secondary attorney-in-fact. They will represent you only in cases where the primary healthcare representative cannot act. This can happen if the primary agent loses legal capacity, passes away, or is, in some other way, unable to function.
The alternative healthcare representative should fulfill the same requirements as the primary healthcare representative. You can appoint one or more people to act as your alternative healthcare representatives.
#4. Identify the Witnesses and Have Them Sign the Form
After finalizing the document, you should print and sign it. The state law requires you to sign the document before at least two witnesses. The witnesses must be at least 18 years old and have legal capacity. Witnesses cannot be legatees, devisees, or heirs at law.
#5. Notarize the Form
Although not required by state law, you should also consider signing the medical power of attorney form before the notary public. This will additionally confirm the authenticity of the document and provide security for all the parties involved.