Oklahoma Mutual Wills or Last Will and Testaments for Man and Woman living together, not Married with Minor Children

Note: This summary is not intended to be an all inclusive discussion of the law of wills in Oklahoma, but does contain basic and other provisions. This summary does not discuss hand written wills or the situation where the testator cannot sign his or her name

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE OKLAHOMA STATUTES

(Updated with latest changes by House Bill No. 2568 of 2004)

Power of Attorney

ADVANCE DIRECTIVE FOR HEALTH CARE

(63-3101.4)

Definitions

An advance directive for health care is any writing executed in accordance with the statutory requirements and may include a living will, the appointment of a health care proxy, or both.

A 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 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.

Life sustaining treatment is any medical procedure or intervention, including but not limited to the artificial administration of nutrition and hydration if the declarant has specifically authorized the withholding and withdrawal of artificially administered nutrition and hydration, that, when administered to a qualified patient, will serve only to prolong the process of dying or to maintain the patient in a condition of persistent unconsciousness.

The term life sustaining treatment does not include the administration of medication or the performance of any medical treatment necessary to alleviate pain or the normal consumption of food and water;

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

Terminal condition 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.

Execution and Witnesses

An individual of sound mind and eighteen (18) years of age or older may execute an advance directive governing the withholding or withdrawal of life sustaining treatment.

The advance directive must be signed by the declarant and witnessed by two individuals who are eighteen years of age and who are not legatees, devisees, or heirs at law of the declarant.

Form

An advance directive must be in substantially the statutory form.

Revocation

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.