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Advance Directive Oklahoma

Advance Directive Oklahoma

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
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9 Mins

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When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive. 

An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed. 

Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably. 

In this article, you will get a complete guide for making an Advance Directive for Healthcare in Oklahoma.  

Legal Requirements for a valid Advance Directive

  • Written by the grantor (maker of Advance Directive): Yes
  • Grantor must be:
  • Above the age of 18 years: Yes
  • Sound mind and memory: Yes
  • Signed by the grantor: Yes
  • Signed by Proxy/Agent: No
  • Proxy/agent accepts his role in writing: No
  • Witness required: Yes
  • Number of witnesses: 2
  • Signed by the witnesses: Yes
  • Number of documents required: 1 
  • Other names for a Living Will in Oklahoma: Advance Directive for Healthcare
  • Other names for a Healthcare Power of attorney in Oklahoma: Advance Directive for Healthcare
  • Proxy can decide on mental health issues: No

Who can be your witnesses in the Oklahoma Advance Directive?

Anyone can be your witness in Oklahoma if;

  • He is an adult i.e., above 18 years of age, &
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Note: Your witnesses cannot be: 

  • Related to you by blood, adoption, or marriage, or
  • Entitled to a share in the estate on your death.
Advance Directive Oklahoma

Who can be your Proxy in the Oklahoma Advance Directive?

Anyone can be your Proxy/Agent in Oklahoma if;

  • He is an adult i.e., above 18 years of age, &
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Other than the above legal requirements, the Proxy/Agent should be:

  • Trustable to adhere to your wishes and intentions.
  • Trustable to defend you if there’s any disagreement about your medical care.
  • He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
  •  He should not be your doctor or one of the caretakers.

Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.

When does an Advance Directive come into effect in Oklahoma?

In Oklahoma, an Advance Directive becomes legally valid but doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. 

An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your behalf and have become debilitated due to illness or injury.

Note: Your Oklahoma Advance Directive will not be effective in any medical crisis or emergency. Ambulance and hospital emergency department personnel are required to provide cardiopulmonary resuscitation (CPR) unless they are given a separate directive that states otherwise.

How can an Advance Directive be revoked?

You can revoke or terminate your Oklahoma Advance Directive in the presence of witnesses at any time in any way to convey your intent to revoke the Advance Directive, for instance:

  • A written revocation,
  • An oral revocation, &
  • Tearing, burning, and obliterating or destroying the document in any other way.
  • Executing a new Advance Directive.

Note: Revocation of the Advance Directive will be effective once you or your witnesses convey about revocation to your doctor or agent.

Learn about the requirements of Oklahoma Last Will and Testament and Oklahoma Last Will and Testament Template.

How to amend or change an Advance Directive? 

You can make changes or amend your Advance Directive at any time in Oklahoma but once you have signed and witnessed it you have to complete a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.

Oklahoma rules for pregnancy after making your Advance Directive

Oklahoma State laws mention that a pregnant grantor’s preferences in the Advance Directive to withhold the life-prolonging treatments will not be honored if it is possible that the fetus is viable and could develop to the point of live birth with continued application of life-sustaining treatment.

Unless you have mentioned specifically that life-sustaining treatment and/or artificially administered hydration and/or nutrition shall be withheld or withdrawn during pregnancy. 

Sections of the Oklahoma Advance Directive Form

Section 1: Individual’s Instructions (Living Will)

This section states your wishes regarding medical care when your doctor determines that either:

  • that you are terminally ill & to prolong artificially your life you would need artificial life-sustaining procedures or your death will occur with or without the use of life-sustaining procedures, or 
  • that you are in a persistent vegetative state.

Oklahoma Advance Directive Sample Form

SECTION 1: LIVING WILL


If my attending physician and another physician determine that I am no longer able to make decisions regarding my medical treatment, I direct my attending physician and other health care providers, pursuant to the Oklahoma Advance Directive Act, to follow my instructions as set forth below. 


1. If I have a terminal condition, that is, an incurable and irreversible condition that even with the administration of life-sustaining treatment will, in the opinion of the attending physician and another physician, result in death within six (6) months: 


I direct that my life not be extended by life-sustaining treatment, except that if I am unable to take food and water by mouth, I wish to receive artificially administered nutrition and hydration. 


I direct that my life not be extended by life-sustaining treatment, including artificially administered nutrition and hydration. 


I direct that I be given life-sustaining treatment and, if I am unable to take food and water by mouth, I wish to receive artificially administered nutrition and hydration. 


2. If I am persistently unconscious, that is, I have an irreversible condition, as determined by the attending physician and another physician, in which thought and awareness of self and environment are absent: 


I direct that my life not be extended by life-sustaining treatment, except that if I am unable to take food and water by mouth, I wish to receive artificially administered nutrition and hydration. 


I direct that my life not be extended by life-sustaining treatment, including artificially administered nutrition and hydration. 


I direct that I be given life-sustaining treatment and, if I am unable to take food and water by mouth, I wish to receive artificially administered nutrition and hydration.

…….

Section 2: Power of attorney for health care

You can fill this form out and provide all the details. The appointment of the Healthcare Proxy/Agent and his details will be filled along with the instructions for the Proxy/Agent to follow.

Oklahoma Advance Directive Sample Form

SECTION 2: APPOINTMENT OF HEALTH CARE PROXY


If my attending physician and another physician determine that I am no longer able to make decisions regarding my medical treatment, I direct my attending physician and other health care providers pursuant to the Oklahoma Advance Directive Act to follow the instructions of:


Name of health care proxy: Address: Telephone number: , whom I appoint as my health care proxy. 


If my health care proxy is unable, unwilling, or not reasonably available to serve, I appoint:


Name of alternate health care proxy: , Address: , Telephone number: , as my alternate health care proxy with the same authority. 


My health care proxy is authorized to make whatever medical treatment decisions I could make if I were able. However, my health care proxy or alternate health care proxy must make decisions consistent with any choices I have made in this document regarding life-sustaining treatment and artificially administered nutrition and hydration.

…..

Section 3: Donations of Organs at death

Oklahoma Advance Directive Sample Form

SECTION 3 : ANATOMICAL GIFTS

 (DONATIONS OF ORGANS AT DEATH) 


Pursuant to the provisions of the Oklahoma Uniform Anatomical Gift Act, I direct that at the time of my death my entire body or designated body organs or body parts be donated for purposes of: 


Transplantation ,

Therapy, 

Advancement of medical science, research, or education ,

Advancement of dental science, research, or education.


Death means either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem. 


I specifically donate: My entire body, or The following organs or body parts:

___________________________________________________

___________________________________________________

___________________________________________________

Section 4: General Principles

This section of the Oklahoma Advance Directive form contains general provisions regarding competency of the rantor to make this document, revocation, when your Advance Directive will be effective, pregnancy rules etc.

Section 5: Execution

You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required.

Oklahoma Advance Directive Sample Form

SECTION 5 : EXECUTION


Signed this day of , 20__


(signature) (printed name) 

(city, county and state of residence) Date of birth 


Witnesses: This advance directive was signed in my presence.


Witness # 1 


(signature of witness) (date) (printed name) (address) 

(city, state and zip code) 


Witness # 2 


(signature of witness) (date) (printed name) (address) (city, state and zip code) 

Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records. 

Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.

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Frequently Asked Questions

What is an Advance Healthcare Directive Oklahoma?

An Advance Directive is a legal-written document about your future medical care. It is a gift to family members and friends so that they won't have to guess what you want if you no longer can speak for yourself.

Does an attorney have to draft an advance directive in Oklahoma?

The procedure of creating advance directives is simple, you do not require an attorney though you may choose to consult one. However, an advance directive either it is written or oral needs to be witnessed by two individuals.

Who makes medical decisions if you are incapacitated in Oklahoma?

Under Oklahoma law, incapacity means when a physician declares that the individual can longer give informed consent. Any person may designate someone to make health care decisions on their behalf should they become incapacitated in Oklahoma.

What are the 2 major challenges with advance directives?

Advance directives have limitations. For example, an older adult may not fully understand treatment options or recognize the consequences of certain choices in the future. Sometimes, people change their minds after expressing advance directives and forget to inform others.

How do I get a medical power of attorney in Oklahoma?

It is the same as creating a document of Advance Directive. Firstly, choose Your Surrogate/Acting Agent, be specific on what decisions your Power of Attorney can make for you, and fill out your Oklahoma Medical Power of Attorney Form. Lastly, sign your document before subscribing to witnesses and a Notary Public.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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