An Oklahoma (OK) medical power of attorney (MPOA) lets you choose an agent, also known as your healthcare proxy, to make healthcare decisions for you if you become incapacitated. Creating this legal document ensures your medical preferences will be carried out even if you cannot communicate.
In Oklahoma, medical power of attorney can also be referred to as an:
- Oklahoma Appointment of Health Care Proxy
- Oklahoma Durable Power of Attorney for Health Care
Laws: Oklahoma Statutes, Title 63, Sections 63-3101.1 to 63-3102A govern the creation of medical powers of attorney in Oklahoma.
If you’re completing a medical power of attorney, you may also benefit from the following documents:
- Living Will: A living will is another type of advance directive, often combined with a medical power of attorney in Oklahoma. It lets you specify your medical care wishes and serves as a guideline for your agent if you have an MPOA.
- Oklahoma (Financial) Power of Attorney: An Oklahoma financial power of attorney allows you to name a person to manage your finances if you become incapacitated.
How to Fill in a Medical Power of Attorney in Oklahoma
Use these guidelines to make sure your MPOA is filled out according to 63 OK Stat § 63-3101.1 to 63-3102A:
Step 1: Choose an Agent
Your agent (or health care proxy) is responsible for your medical decisions if you become incapacitated.
Who should you choose as an agent?
You should choose a responsible person who knows your medical treatment and health care beliefs. Your agent should also be someone you trust to make decisions according to your best interests.
Who can’t be your agent?
A person can’t serve as your health care agent if they’re:
- Under the age of 18
- Convicted of certain crimes outlined in § 63-3102.5
Relevant Law: 63 OK Stat § 63-3101.3 and 63 OK Stat § 63-3102.5
Can you have more than one agent?
While you can’t have multiple agents simultaneously, you can select an alternate agent to take over if the first person you name is unable or unwilling to serve.
Relevant Law: 63 OK Stat § 63-3101.4
Step 2: Specify what healthcare decisions your agent can make
Decide how much power to give your agent, including making decisions for treatment, access to your medical records, and some post-death decisions.
Can you limit your agent’s powers?
Yes, you can include detailed instructions for your health care and medical treatment that your agent must follow. You can also limit the decisions your agent is authorized to make on your behalf.
When deciding how to limit your agent’s powers, keep in mind that while you’re incapacitated, your agent can make most decisions you would normally make about your health care, including:
- Whether to donate your organs and tissues
- Which medicines and procedures do you receive
- Where you’ll receive treatment
- Who can access your medical records
Relevant Law: 63 OK Stat § 63-3101.4
What is your agent legally unable to do?
Your agent can’t do anything that goes against your wishes or isn’t in your best interest. Your agent also can’t make any decisions against Oklahoma laws, such as assisted suicide or mercy killing.
If you’re pregnant, your agent can’t decide to withhold or withdraw life-sustaining treatment or artificial nutrition and hydration unless you specifically authorize it in your MPOA document.
Relevant Law: 63 OK Stat § 63-3101.2 and 63 OK Stat § 63-3101.4
When can your agent start making decisions for you?
Your agent can only start making decisions when you cannot communicate your wishes yourself.
Relevant Law: 63 OK Stat § 63-3101.5
Step 3: Sign the form
Make sure your medical power of attorney is signed according to Oklahoma requirements:
Do you need witnesses or notary signatures?
Yes, you need to sign the form in the presence of two witnesses, who must also sign.
Relevant Law: 63 OK Stat § 63-3101.4
Who can’t be a witness?
Your witness can’t be:
- Under the age of 18
- Your relative
- Someone who will inherit from your estate
Relevant Law: 63 OK Stat § 63-3101.4
How long is your Oklahoma medical power of attorney effective?
Your Oklahoma medical power of attorney is effective indefinitely until you revoke it.
Relevant Law: 63 OK Stat § 63-3101.4
How to Revoke an Oklahoma Medical Power of Attorney
You can revoke your Oklahoma medical power of attorney at any time and in any manner you wish, regardless of your mental or physical state.
You can revoke your medical power of attorney by:
- Creating a new medical power of attorney for different conditions
- Writing a revocation of power of attorney form
- Notifying your agent verbally or in writing
- Notifying your health care provider verbally or in writing
Whichever method you use to revoke your MPOA, it’s always a good idea to document the revocation.
Relevant Law: 63 OK Stat § 63-3101.6