Healthcare Directives
Make your medical wishes known and designate a trusted person to speak for you when you cannot. These documents provide peace of mind for you and your family during difficult times.
📋 Key Takeaways
- Healthcare directives only apply when you can't speak for yourself—you always remain in control when competent
- A complete plan includes both a living will (your written wishes) and healthcare power of attorney (a trusted person)
- Without directives, family members may struggle with difficult decisions or even disagree about your care
- Oklahoma law allows you to specify preferences for life-sustaining treatment, pain management, and organ donation
- You can revoke or change your directives at any time while mentally competent
- These documents are one of the most caring things you can do for your family
What Are Advance Healthcare Directives?
Advance healthcare directives are legal documents that express your wishes about medical treatment if you become unable to speak for yourself. In Oklahoma, a complete healthcare plan typically includes:
- Living Will – A written declaration of your preferences regarding life-sustaining treatment
- Healthcare Power of Attorney – Designates someone to make medical decisions on your behalf
- HIPAA Authorization – Allows your agent to access your medical records
Oklahoma Advance Directive for Healthcare Act
Oklahoma's Advance Directive for Healthcare Act (63 O.S. § 3101.1 et seq.) establishes your right to make decisions about your medical care in advance. Key provisions include:
- Life-sustaining treatment choices – You can specify whether you want ventilators, CPR, feeding tubes, and similar treatments
- Physician compliance – Healthcare providers must follow your directives or transfer your care
- Criminal immunity – Those who follow your directives in good faith are protected from liability
- Revocation at any time – You can revoke your directives by any means, including verbal statement
Living Will (Advance Directive for Healthcare)
Oklahoma recognizes the Advance Directive for Healthcare Act, which allows you to create a document expressing your preferences about:
- Life-sustaining treatments (ventilators, feeding tubes, dialysis)
- Pain management and comfort care
- Organ and tissue donation
- End-of-life care preferences
Your living will guides your healthcare providers and family when you cannot express your wishes directly. It removes the burden of difficult decisions from loved ones who might otherwise struggle with guilt or uncertainty.
Healthcare Power of Attorney
A healthcare power of attorney (also called a healthcare proxy) names someone to make medical decisions for you when you cannot. Your healthcare agent can:
- Consent to or refuse medical treatment
- Choose healthcare providers and facilities
- Access your medical records
- Make end-of-life decisions if not addressed in your living will
- Authorize organ donation
Choosing Your Healthcare Agent
Select someone who:
- Knows your values – They'll make decisions based on what you would want
- Can handle stress – Medical situations can be emotionally challenging
- Is available – They may need to be present at the hospital
- Will advocate for you – They may need to push back against medical staff or family members
- Respects your wishes – Even if they personally disagree
Why These Documents Matter
Without advance directives:
- Family members may disagree about what you would want, causing conflict
- Medical providers may default to aggressive treatment you wouldn't choose
- Courts may need to appoint a guardian to make decisions—a slow, expensive process
- Your loved ones carry the burden of guessing what you would want
Creating these documents is one of the most caring things you can do for your family. You're giving them guidance and permission to honor your wishes without guilt.
Having the Conversation
We encourage clients to discuss their healthcare preferences with family members and their healthcare agent. These conversations, while sometimes difficult, help ensure everyone understands your wishes. We can provide guidance on how to approach these discussions.
Common Healthcare Directive Mistakes to Avoid
Even thoughtful families make errors that undermine their healthcare planning:
- Only having a living will – A living will alone can't address every medical situation; you also need a healthcare agent
- Being too vague – "No heroic measures" means different things to different people; be specific about treatments
- Not giving copies to the right people – Your agent, family members, and doctor should all have copies
- Not updating after major health changes – A serious diagnosis may change your perspective on treatment options
- Choosing an unwilling or unavailable agent – Confirm your agent can handle the responsibility and will be available
- Not discussing your wishes – Documents alone aren't enough; have the conversation with your family and healthcare agent
Frequently Asked Questions
Common questions about healthcare directives in Oklahoma
What is an advance healthcare directive? +
An advance healthcare directive expresses your wishes about medical treatment if you cannot communicate.
In Oklahoma, this typically includes a living will and healthcare power of attorney.
What's the difference between a living will and healthcare power of attorney? +
A living will is a written statement of your wishes regarding end-of-life treatment—it speaks for you.
A healthcare power of attorney designates a person to make medical decisions—they speak for you. Most plans include both.
When do healthcare directives take effect? +
Healthcare directives only take effect when you cannot make or communicate your own decisions—typically due to unconsciousness or severe illness.
As long as you can express your wishes, you remain in control.
Can I change my healthcare directives? +
Yes, you can revoke or modify your directives at any time while competent. Simply execute new documents and destroy old copies.
Review your directives whenever your health status changes or after major life events.
What is a DNR order and how does it relate to my living will? +
A Do Not Resuscitate (DNR) order is a specific medical order that tells healthcare providers not to perform CPR if your heart stops. It's separate from a living will.
Your living will expresses your wishes, but a DNR is a physician's order based on those wishes. We can help you understand when a DNR might be appropriate for your situation.
Do I need a separate HIPAA authorization? +
While your healthcare power of attorney typically includes permission for your agent to access medical records, a standalone HIPAA authorization can provide additional peace of mind.
It ensures healthcare providers share information with your designated family members, even when you're not incapacitated. We include HIPAA authorizations in our healthcare planning packages.
Are my Oklahoma healthcare directives valid in other states? +
Most states honor out-of-state healthcare directives, but requirements vary. If you travel frequently or split time between states, we can draft directives that comply with multiple states' laws.
Carry a copy of your directives when traveling and provide copies to your healthcare agent and family members who might need access.
Can I include organ donation preferences in my healthcare directive? +
Yes. Oklahoma's Advance Directive for Healthcare Act allows you to specify your organ and tissue donation preferences. You can consent to all donations, limit donations to specific organs, or decline entirely.
We recommend also registering with Oklahoma's donor registry and noting your wishes on your driver's license for redundancy.
Give Your Family Peace of Mind
Schedule a consultation to create your healthcare directives.