What Are Living Wills in Oklahoma?
Oklahoma’s Advance Directive Act establishes legal guidelines for people to create advance directives, sometimes referred to as living wills. These are legal documents that outline a person’s healthcare preferences in case that person is unable to give voice to their healthcare preferences.
The document is also used to appoint healthcare agents to make medical decisions on a person’s behalf if they become incapacitated and unable to communicate their wishes. Here are some key points regarding the laws in Oklahoma regarding living wills.
An Advance Directive or Living Will Can Cover a Lot of Ground
In order to execute an advance directive, you must be at least 18 years old and of sound mind. An advance directive or living will is often a form that a person can fill out as part of their testamentary estate plan, or when getting ready for surgery or another hospital procedure.
It normally contains a living will as part of the document. A living will allows you to specify your preferences regarding life-sustaining treatments, end-of-life care, and other medical interventions if you are unable to make decisions due to a terminal condition, an unconscious state, or other conditions.
A living will can also include a healthcare power of attorney, sometimes referred to as a healthcare proxy or surrogate. This part of the document allows you to appoint a trusted person as your healthcare agent to make medical decisions on their behalf if they are unable to do so. This can cover you in case of a situation not caught by the living will portion of the document.
Finally, you can indicate your preferences regarding anatomical gifts in the event of your death. If you choose to make anatomical gifts, you can gift your entire body or parts of your body for transplants or research and education.
Requirements for Validity
In addition to being of sound mind and body and at least 18 years of age, to be valid under Oklahoma’s Advance Directive Act, an advance directive must be in writing and signed by the individual or their legal representative. Additionally, if the directive appoints a healthcare agent, the document must clearly identify the appointed agent and their authority to make healthcare decisions. Witnesses may be required to sign the advance directive to confirm its validity, depending on the type of document and specific circumstances.
Revocation and Amendment
Once the document is executed, you have the right to revoke or amend your living will at any time, as long as you are competent and able to communicate your decisions to others. Revocation or amendment should be done in writing and communicated to healthcare providers and the appointed healthcare agent.
Effectiveness and Implementation
Advance directives become effective when you become incapacitated and unable to make healthcare decisions. Healthcare providers are required to follow the instructions outlined in the advance directive or consult with the appointed healthcare agent to ensure that your healthcare preferences are honored.
Protection of Healthcare Providers
Healthcare providers who comply with valid advance directives in good faith are protected from liability under Oklahoma law. They are required to document advance directives in the individual’s medical records and inform relevant parties such as family members and other healthcare providers about the existence and contents of the advance directive.
Oklahoma’s Advance Directive Act aims to empower individuals to make informed decisions about their healthcare preferences and ensure that their wishes are respected even if they are unable to communicate them directly due to incapacity. It provides legal mechanisms for appointing healthcare agents, expressing treatment preferences, and promoting patient autonomy in medical decision-making.
If you have questions about whether a living will is right for you, consult with a Muskogee estate planning attorney today.
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Contact the Muskogee lawyers at the Wirth Law Office – Muskogee for a initial consultation today at (918) 913-0725. If you prefer to contact us by email, use the form at the top of this page.
