Advance Directive for Healthcare (Living Will) Definitions and Laws

Below is the Oklahoma Statutory form and some laws concerning it.  

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Advance Directive for Health Care

If I am incapable of making an informed decision regarding my health care, I direct my health care providers to follow my instructions below.

I. Living Will

If my attending physician and another physician determine that I am no longer able to make decisions regarding my medical treatment, I direct my attending physician and other health care providers, pursuant to the Oklahoma Advance Directive Act, to follow my instructions as set forth below:

(1) If I have a terminal condition, that is, an incurable and irreversible condition that even with the administration of life-sustaining treatment will, in the opinion of the attending physician and another physician, result in death within six (6) months:

_____ I direct that my life not be extended by life-sustaining treatment, except that if I
am unable to take food and water by mouth, I wish to receive artificially administered
nutrition and hydration.
Initial only
one option
_____ I direct that my life not be extended by life-sustaining treatment, including
artificially administered nutrition and hydration.
_____ I direct that I be given life-sustaining treatment and, if I am unable to take food
and water by mouth, I wish to receive artificially administered nutrition and hydration.
_____ See my more specific instructions in paragraph (4) below.
(Initial if applicable)

(2) If I am persistently unconscious, that is, I have an irreversible condition, as determined by the attending physician and another physician, in which thought and awareness of self and environment are absent:

_____ I direct that my life not be extended by life-sustaining treatment, except that if I
am unable to take food and water by mouth, I wish to receive artificially administered nutrition and hydration.
Initial only
one option
_____ I direct that my life not be extended by life-sustaining treatment, including
artificially administered nutrition and hydration.
_____ I direct that I be given life-sustaining treatment and, if I am unable to take food
and water by mouth, I wish to receive artificially administered nutrition and hydration.
_____ See my more specific instructions in paragraph (4) below.
(Initial if applicable)

(3) If I have an end-stage condition, that is, a condition caused by injury, disease, or illness, which results in severe and permanent deterioration indicated by incompetency and complete physical dependency for which treatment of the irreversible condition would be medically ineffective:

_____ I direct that my life not be extended by life-sustaining treatment, except that if I
am unable to take food and water by mouth, I wish to receive artificially administered
nutrition and hydration.
Initial only
one option
_____ I direct that my life not be extended by life-sustaining treatment, including
artificially administered nutrition and hydration.
_____ I direct that I be given life-sustaining treatment and, if I am unable to take food
and water by mouth, I wish to receive artificially administered nutrition and hydration.
_____ See my more specific instructions in paragraph (4) below.
(Initial if applicable)

(4) OTHER. Here you may:

(a) describe other conditions in which you would want life-sustaining treatment or artificially administered nutrition and hydration provided, withheld, or withdrawn,

(b) give more specific instructions about your wishes concerning life-sustaining treatment or artificially administered nutrition and hydration if you have a terminal condition, are persistently unconscious, or have an end-stage condition, or

(c) do both of these:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

_______
Initial

II. My Appointment of My Health Care Proxy

If my attending physician and another physician determine that I am no longer able to make decisions regarding my medical treatment, I direct my attending physician and other health care providers pursuant to the Oklahoma Advance Directive Act to follow the instructions of _______________, whom I appoint as my health care proxy. If my health care proxy is unable or unwilling to serve, I appoint ______________ as my alternate health care proxy with the same authority. My health care proxy is authorized to make whatever medical treatment decisions I could make if I were able, except that decisions regarding life-sustaining treatment and artificially administered nutrition and hydration can be made by my health care proxy or alternate health care proxy only as I have indicated in the foregoing sections.

If I fail to designate a health care proxy in this section, I am deliberately declining to designate a health care proxy.

III. Anatomical Gifts

Pursuant to the provisions of the Uniform Anatomical Gift Act, I direct that at the time of my death my entire body or designated body organs or body parts be donated for purposes of:

(Initial all that apply)

_____ transplantation

_____ therapy

_____ advancement of medical science, research, or education

_____ advancement of dental science, research, or education

Death means either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem. If I initial the “yes” line below, I specifically donate:

_____ My entire body
or
_____ The following body organs or parts:

_____

lungs

_____

liver

_____

pancreas

_____

heart

_____

kidneys

_____

brain

_____

skin

_____

bones/marrow

_____

blood/fluids

_____

tissue

_____

arteries

_____

eyes/cornea/lens

IV. General Provisions

a. I understand that I must be eighteen (18) years of age or older to execute this form.

b. I understand that my witnesses must be eighteen (18) years of age or older and shall not be related to me and shall not inherit from me.

c. I understand that if I have been diagnosed as pregnant and that diagnosis is known to my attending physician, I will be provided with life-sustaining treatment and artificially administered hydration and nutrition unless I have, in my own words, specifically authorized that during a course of pregnancy, life-sustaining treatment and/or artificially administered hydration and/or nutrition shall be withheld or withdrawn.

d. In the absence of my ability to give directions regarding the use of life-sustaining procedures, it is my intention that this advance directive shall be honored by my family and physicians as the final expression of my legal right to choose or refuse medical or surgical treatment including, but not limited to, the administration of life-sustaining procedures, and I accept the consequences of such choice or refusal.

e. This advance directive shall be in effect until it is revoked.

f. I understand that I may revoke this advance directive at any time.

g. I understand and agree that if I have any prior directives, and if I sign this advance directive, my prior directives are revoked.

h. I understand the full importance of this advance directive and I am emotionally and mentally competent to make this advance directive.

i. I understand that my physician(s) shall make all decisions based upon his or her best judgment applying with ordinary care and diligence the knowledge and skill that is possessed and used by members of the physician’s profession in good standing engaged in the same field of practice at that time, measured by national standards.

Signed this _____ day of __________, 20 _____.

___________________________________
(Signature)

___________________________________
City of

___________________________________
County, Oklahoma

___________________________________
Date of birth

_______________________________________
(Optional for identification purposes)

This advance directive was signed in my presence.

___________________________________
Witness

___________________________, Oklahoma
Residence

___________________________________
Witness

___________________________, Oklahoma
Residence

D. A physician or other health care provider who is furnished the original or a photocopy of the advance directive shall make it a part of the declarant’s medical record and, if unwilling to comply with the advance directive, promptly so advise the declarant.

E. In the case of a qualified patient, the patient’s health care proxy, in consultation with the attending physician, shall have the authority to make treatment decisions for the patient including the provision, withholding, or withdrawal of life-sustaining procedures if so indicated in the patient’s advance directive.

F. A person executing an advance directive appointing a health care proxy who may not have an attending physician for reasons based on established religious beliefs or tenets may designate an individual other than the designated health care proxy, in lieu of an attending physician and other physician, to determine the lack of decisional capacity of the person. Such designation shall be specified and included as part of the advance directive executed pursuant to the provisions of this section.

Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 60 – Oklahoma Advance Directive Act
Section 3101.3 – Definitions

As used in the Oklahoma Advance Directive Act:

1. “Advance directive for health care” means any writing executed in accordance with the requirements of Section 3101.4 of this title and may include a living will, the appointment of a health care proxy, or both such living will and appointment of a proxy;

2. “Attending physician” means the physician who has primary responsibility for the treatment and care of the patient;

3. “Declarant” means any individual who has issued an advance directive according to the procedure provided for in Section 3101.4 of this title;

4. “End-stage condition” means a condition caused by injury, disease, or illness, which results in severe and permanent deterioration indicated by incompetency and complete physical dependency for which, to a reasonable degree of medical certainty, treatment of the irreversible condition would be medically ineffective;

5. “Health care provider” means a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession;

6. “Health care proxy” is an individual eighteen (18) years old or older appointed by the declarant as attorney-in-fact to make health care decisions including, but not limited to, the provision, withholding, or withdrawal of life-sustaining treatment if a qualified patient, in the opinion of the attending physician and another physician, is persistently unconscious, incompetent, or otherwise mentally or physically incapable of communication;

7. “Persistently unconscious” means an irreversible condition, as determined by the attending physician and another physician, in which thought and awareness of self and environment are absent;

8. “Person” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity;

9. “Physician” means an individual licensed to practice medicine in this state;

10. “Qualified patient” means a patient eighteen (18) years of age or older who has executed an advance directive and who has been determined to be incapable of making an informed decision regarding health care, including the provision, withholding, or withdrawal of life-sustaining treatment, by the attending physician and another physician who have examined the patient;

11. “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; and

12. “Terminal condition” means an incurable and irreversible condition that, even with the administration of life-sustaining treatment, will, in the opinion of the attending physician and another physician, result in death within six (6) months.

Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 60 – Oklahoma Advance Directive Act
Section 3101.5 – When Advance Directive Becomes Operative


A. An advance directive becomes operative when:

1. It is communicated to the attending physician; and

2. The declarant is no longer able to make decisions regarding administration of life-sustaining treatment. When the advance directive becomes operative, the attending physician and other health care providers shall act in accordance with its provisions or comply with the provisions of Section 9 of this act.

B. In the event more than one valid advance directive has been executed and not revoked, the last advance directive so executed shall be construed to be the last wishes of the declarant and shall become operative pursuant to subsection A of this section.

Historical Data


Added by Laws 1992, HB 1893, c. 114, § 5, eff. September 1, 1992.

Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 60 – Oklahoma Advance Directive Act
Section 3101.6 – Revocation of Advance Directive


A. An advance directive may be revoked in whole or in part at any time and in any manner by the declarant, without regard to the declarant’s mental or physical condition. A revocation is effective upon communication to the attending physician or other health care provider by the declarant or a witness to the revocation.

B. The attending physician or other health care provider shall make the revocation a part of the declarant’s medical record.

 

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