What Is an Oklahoma Advance Directive for Health Care?
An Oklahoma advance directive for health care lets you outline your wishes for your health care if you become unable to act for yourself. Per 63 OK Stat § 3101.3, it can include a living will, the appointment of a health care proxy, or both.
An advance directive in Oklahoma goes into effect when both conditions are true (63 OK Stat § 3101.5):
- The attending physician knows about the document; and
- The declarant can no longer make decisions about life-sustaining treatment.
With this document, you, as the declarant, can decide on your health care preferences while competent. Rest assured that your health care team will respect your wishes when you can no longer make decisions for yourself.
Parts of an Oklahoma Advance Directive for Health Care
63 OK Stat § 3101.4 provides a statutory form for an Oklahoma advance directive. It highlights three distinct parts:
I. Living Will
In an Oklahoma living will, you can decide in advance how you want your physician to proceed in certain scenarios. You can decide whether you want life-sustaining treatment, artificially administered nutrition and hydration, or both in the following situations:
- You have a terminal condition (63 OK Stat § 3101.3(12)).
- You are persistently unconscious (63 OK Stat § 3101.3(7)).
- You have an end-stage condition (63 OK Stat § 3101.3(4)).
If a patient is pregnant, they will receive life-sustaining treatment and artificially administered hydration and nutrition unless they specifically authorize that these be withheld (63 OK Stat § 3101.8).
II. Appointment of a Health Care Proxy
The second part of an Oklahoma advance directive is the appointment of a health care proxy. You can appoint someone to make health care decisions on your behalf. In general, the health care proxy will be allowed to make whatever medical treatment decisions you could make if you were able.
The one exception is that the health care proxy will only be able to make decisions regarding life-sustaining treatment and artificially administered nutrition and hydration as specifically indicated by the declarant (63 OK Stat § 3101.4).
The appointed agent should consider the patient’s intentions, personal views, and best interests when making health care decisions for them (63 OK Stat § 3101.16).
If you do not appoint an agent, state law will determine the order of priority when it comes to who can make decisions for you (63 OK Stat § 3102.4):
- Spouse
- Adult children
- Parents
- Adult siblings
- Other adult relatives in order of kinship
- Close friends of the patient who are familiar with their personal values
III. Anatomical Gifts
The third part of an Oklahoma advance directive allows you to elect how you want your organs to be handled when you die. You can dictate how you want your organs to be used, including for:
- Transplantation
- Therapy
- Advancement of medical science, research, or education
- Advancement of dental science, research, or education
You can also select what organs you want to donate. If you prefer that certain organs or body parts be preserved for religious or personal reasons, you can choose to do so.
Restrictions for Your Oklahoma Advance Directive
While an Oklahoma advance directive gives you control over your health care, state law does not allow for certain decisions to be made. Per 63 OK Stat § 3101.2, you cannot use an advance directive to authorize certain acts that intentionally cause death, including mercy killing, assisted suicide, and euthanasia.
Sample Oklahoma Advance Directive
View an example of an advance directive for health care in Oklahoma so you can see how to document your preferences. Create your own with Legal Templates’s guided form. Download a printable version in PDF or Word format.
Signing Requirements for an Oklahoma Advance Directive
An advance directive in Oklahoma must be signed by two witnesses (63 OK Stat § 3101.4). Both witnesses must be at least 18 years old, and they may not be any of the following individuals:
- Heir (inherits when there is no will)
- Legatee (receives personal property under a will)
- Devisee (receives real estate under a will)
Notarization is not needed for an Oklahoma advance directive. However, notary acknowledgment can help improve the document’s validity.
Recording Your Advance Directive in Oklahoma
You’re not legally obligated to record your Oklahoma advance directive to have it recognized. However, you should consider recording it in the Oklahoma State Department of Health’s database (63 OK Stat § 3102.1). This secure registry helps ensure that your advance directive is accessible to health care providers in emergencies.
You should also distribute your advance directive to your attending physician and other health care facilities where you may receive care.
Revoking Your Advance Directive in Oklahoma
You can revoke your advance directive for health care in Oklahoma at any point, regardless of your mental or physical condition (63 OK Stat § 3101.6). You or a witness to the revocation must communicate it to the attending physician for it to be valid. The attending physician or another health care provider must make it part of your medical record.
If you execute more than one valid advance directive and do not revoke any, the most recent advance directive will be considered your last wishes, making it the document that your physician should follow (63 OK Stat § 3101.5).
Oklahoma Rules for Out-of-State Advance Directives
Per 63 OK Stat § 3101.14, an advance directive created in another state is generally valid if it follows that state’s laws (or Oklahoma law) and does not grant more authority than Oklahoma allows.
In Oklahoma, doctors cannot stop artificially administered nutrition or hydration unless your advance directive clearly says they can. This is allowed only if you signed the directive while living outside Oklahoma, or the document includes a separate, clearly marked statement giving permission to stop artificially administered nutrition or hydration.
