Oklahoma Advance Directive Form
An Oklahoma advance directive is a two (2) part form that allows an agent to carry out a principal’s medical wishes and make their decisions if they become incapacitated. A principal can become permanently unconscious or unable to communicate their wishes if they experience a traumatic brain or spinal injury. A terminal illness, such as dementia or cancer, can also impact their ability to speak. By completing this advance directive, the principal can express their wishes for treatment in these situations.
The principal must create and sign this form before incapacitation. If the principal becomes disabled or incompetent and does not have an advance directive, a judge must appoint a conservator. A family member (or close friend) must make an appointment for a court date. Since this process can be stressful in a time-sensitive situation, the principal should highly consider creating this document (especially if they have been diagnosed with a terminal illness that will result in their incapacitation).
The agent must read through the document and follow the principal’s special instructions and/or health care preferences. For example, the principal can include information about their goals, fears, spiritual or religious beliefs, and thoughts about their medical condition and treatment. The agent has the responsibility of respecting these statements when making medical decisions on the principal’s behalf. If the principal has not completed a part of the form or has not stated their medical wishes about a certain treatment, the agent must make a decision that aligns with the principal’s beliefs.
The principal can allow or deny the agent to:
- Determine their health care and treatment for the principal;
- Select their health care team;
- Decide where they live and receive care or support;
- Access and distribute their medical records (only to their health care team or other authorized personnel); and/or
- Choose their hospice care.
Laws: Title 63, Chapter 60
Signing requirements (§ 3101.4(A)): Must be signed in front of two (2) witnesses.