A living will is a legal document stating your preferences for medical care if you are unable to communicate them yourself. This form of advance care planning provides a clear directive to healthcare providers and family members about your wishes regarding end-of-life treatment.
What an Oklahoma Living Will Entails
In Oklahoma, a living will is part of a broader document known as an “Advance Directive for Health Care.” Its function is to outline your decisions on life-sustaining treatment and the artificial administration of food and fluids if you are diagnosed with a specific condition and can no longer make your own healthcare decisions.1Justia. Oklahoma Statutes §63-3101.2 (2024) – Purpose The Oklahoma Advance Directive Act governs these documents, defining “life-sustaining treatment” as any medical procedure that would only prolong the dying process.
A “terminal condition” is an incurable and irreversible state that will result in death, while a “persistently unconscious state” means a complete and irreversible lack of cognitive awareness. Your living will only becomes effective after a physician diagnoses you with one of these conditions or an end-stage condition.2Justia. Oklahoma Statutes §63-3101.5 (2024) – Advance Directive – When and Which Become Operative
Eligibility and Formalities for an Oklahoma Living Will
To create a valid living will in Oklahoma, you must be at least 18 years of age and of sound mind. The directive must be in writing and signed by you. If you are physically unable to sign, another person can sign on your behalf, but it must be done in your presence and at your direction.
The document requires the signatures of two qualified adult witnesses. These witnesses cannot be individuals who will inherit from your estate. By signing, they attest that you appeared to be of sound mind and were not under duress or undue influence.
Content of Your Oklahoma Living Will
Oklahoma provides a statutory “Advance Directive for Health Care” form that you must use. This form can be found through legal resources online or obtained from the Oklahoma State Department of Health. It allows you to specify your choices on life-sustaining treatments, like ventilators or CPR, and artificially administered nutrition and hydration.
When completing the form, you will initial statements reflecting your desires for different medical scenarios, such as having a terminal condition or being persistently unconscious. You must make a separate choice for artificial nutrition and hydration under these same conditions. The form also includes sections for appointing a healthcare proxy and indicating your wishes about organ donation. You can add specific instructions in your own words to clarify your preferences for comfort and pain management.
Properly Signing Your Oklahoma Living Will
Once you have filled out the Advance Directive form, the final step is the formal signing process. You must sign and date the document in the physical presence of your two chosen witnesses, who must also sign and date it. Their presence is a legal requirement to confirm the validity of the signing.
While not required for the living will to be valid, having the document notarized can provide an additional layer of verification.
Post-Execution Steps for Your Oklahoma Living Will
After your living will is signed and witnessed, store the original document in a safe but easily accessible location so it can be found in an emergency. Avoid placing the original in a bank safe deposit box, as it may be difficult to access quickly.
Provide copies of the completed document to key individuals, including your primary care physician, your designated healthcare proxy, and close family members. Your physician should make it part of your permanent medical record. You should also review your living will every few years or after significant life events to ensure it still reflects your wishes.
Changing or Cancelling Your Oklahoma Living Will
You have the right to change or cancel your living will at any time, as long as you are of sound mind.3Justia. Oklahoma Statutes §63-3101.6 (2024) – Advance Directive – Revocation Oklahoma law provides several methods for revocation:
- Creating and signing a written statement expressing your intent to cancel it.
- Physically destroying the document, such as by tearing or burning it, either by you or by someone at your direction and in your presence.
- Making an oral declaration of your intent to revoke in the presence of an adult witness who then signs and dates a written confirmation of your statement.
- Executing a new Advance Directive, which automatically revokes all previous versions.
This last method is the most direct way to make changes and ensures your most current wishes are legally documented.