Health Care Directive - Statutory Form
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE OKLAHOMA STATUTES
(Updated with latest changes by House Bill No. 2568 of 2004)
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.
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