Understanding how advance directives work can give you and your family peace of mind during uncertain times. Planning for the future isn’t always easy, especially when it comes to making medical decisions. But in Oklahoma, you can take steps to ensure your wishes are honored even if you can’t speak for yourself. That’s where advance directives come in.
What Is an Advance Directive?
An advance directive is a legal document that outlines your preferences for medical care in the event you become incapacitated and unable to communicate your decisions. In Oklahoma, this typically includes three major components:
- Living Will
- Healthcare Proxy (Durable Power of Attorney for Healthcare)
- Organ and Tissue Donation Instructions
These documents help guide doctors and loved ones if you’re seriously ill, in a coma, or otherwise unable to express your wishes.
Living Will: Declaring Your Treatment Preferences
A living will allows you to specify the types of life-sustaining treatment you do or do not want if you’re diagnosed with a terminal condition, become persistently unconscious, or are in an end-stage condition.
For example, you can indicate whether you want:
- Mechanical ventilation
- Feeding tubes
- Cardiopulmonary resuscitation (CPR)
- Palliative care for comfort
Oklahoma law requires that the living will be signed in the presence of two witnesses who are at least 18 years old and not related to you.
Healthcare Proxy: Naming Someone to Make Decisions
A durable power of attorney for healthcare allows you to appoint someone you trust—usually a spouse, adult child, or close friend—to make medical decisions on your behalf if you become unable to do so.
This person, called your healthcare proxy or healthcare agent, will consult with your doctors and follow your instructions as outlined in your living will. If your living will doesn’t address a specific issue, your proxy can use their best judgment based on your values and prior discussions.
Organ and Tissue Donation
Oklahoma’s advanced directives also allow you to document your wishes regarding organ and tissue donation. You can specify whether you want to donate all organs, certain organs, or none at all. This declaration helps your family and medical team honor your intentions without confusion.
Are Advanced Directives Legally Binding in Oklahoma?
Under Oklahoma law, advance directives are enforceable legal documents. Hospitals and doctors in Tahlequah and throughout Oklahoma must follow your instructions—unless doing so would violate their ethical or religious beliefs, in which case they must refer you to another provider.
While Oklahoma provides standard forms for advance directives, it’s still wise to work with an experienced estate planning attorney. A lawyer can:
- Ensure the document complies with Oklahoma law
- Help you clearly state your preferences
- Coordinate your advanced directive with your broader estate plan
- Ensure you properly execute and store the documents
Keep It Updated
Once you’ve created an advance directive, ensure that you provide copies to your healthcare proxy, family, and primary care provider, and keep a copy in a safe but accessible location. You should also review and update it regularly, especially after major life changes like marriage, divorce, or a serious diagnosis
Tahlequah Estate Planning Lawyers
We help individuals and families throughout Tahlequah draft clear, effective advanced directives as part of a comprehensive estate plan. For a free and confidential consultation with one of the Estate planning Lawyers at Tahlequah Lawyers call 539-867-2321. Or follow this link to ask an online legal question.