Homepage Legal Living Will Form Blank Living Will Form for Oklahoma
Content Overview

In Oklahoma, individuals have the opportunity to make important decisions about their health care through the use of a Living Will form. This crucial document allows a person to outline their preferences for medical treatment in the event that they are unable to communicate their wishes directly due to a serious illness or incapacitation. Serving as a guide for family members and healthcare providers, the Living Will sets forth specific instructions on the use or non-use of life-sustaining treatments and other medical interventions. Not only does it cover decisions regarding extraordinary measures to prolong life, but it also addresses the conditions under which pain relief medication should be administered, emphasizing the individual’s comfort and dignity. Understanding and completing the Oklahoma Living Will require attention to detail, as it involves reflecting on one’s values and preferences in critical medical situations, ensuring that the person's autonomy is respected even when they cannot speak for themselves. Additionally, the process of executing the document involves legal formalities to ensure its validity, making it advisable for individuals to familiarize themselves with the state-specific requirements that govern its use.

Example - Oklahoma Living Will Form

Oklahoma Living Will Template

This Living Will is designed to reflect the desires and directives regarding medical treatment of the undersigned, specifically in accordance with the Oklahoma Advance Directive Act of 1992. This document allows you to declare your wishes concerning medical treatment in the event that you become unable to communicate your medical care decisions.

Part I: Information of the Principal

Full Name: ___________________________________________

Date of Birth: ________________________________________

Social Security Number: ________________________________

Address: _____________________________________________

City: ____________________ State: OK Zip Code: ___________

Part II: Directive Regarding Life-Sustaining Treatment

I, __________________________ (insert your name), being of sound mind, willfully, and voluntarily declare my desire that my dying shall not be artificially prolonged under the circumstances set forth below. If at any time I am unable to make my own healthcare decisions and am diagnosed to be in a terminal condition or in a persistently unconscious state by two licensed physicians, one of whom is my attending physician, I direct that the following marked expression of my directions be followed:

  • I direct that life-sustaining treatment be withdrawn or withheld if it is determined that I am in a terminal condition and the administration of such treatment would only serve to artificially prolong the dying process, or if I am diagnosed as being in a persistently unconscious state.
  • I direct that I be given medical treatment in any situation where the treatment is intended to sustain, restore, or substitute for vital functions, but refuse any treatment that serves only to prolong the process of dying, if I am in a terminal condition or persistently unconscious.

Part III: Directive Regarding Artificially Administered Nutrition and Hydration

I further declare that if I am in a terminal condition or a persistently unconscious state and where the likely risks and burdens of artificially administered nutrition and hydration outweigh the potential benefits:

  • I wish to receive artificially administered nutrition and hydration, understanding that this decision may be re-assessed and changed in response to my condition.
  • I refuse all artificially administered nutrition and hydration.

Part IV: Signature of Principal

Signature: _______________________________ Date: ______________

This document is signed voluntarily and without any coercion or undue influence.

Part V: Witness Statement

We, the undersigned, declare that the principal is known to us, signed or acknowledged this Oklahoma Living Will in our presence, appears to be of sound mind, and under no duress, fraud, or undue influence. We are not related by blood or marriage to the principal, entitled to any portion of the estate of the principal, directly financially responsible for the principal’s medical care, or named as the principal’s healthcare proxy or as an alternate healthcare proxy.

Name of Witness 1: ___________________________________

Signature: _______________________________ Date: ______________

Name of Witness 2: ___________________________________

Signature: _______________________________ Date: ______________

This document should be kept in a place where it can be easily accessed by family members and healthcare providers. Consider providing copies to your healthcare proxy (if you have designated one), immediate family members, and your doctor.

PDF Form Attributes

Fact Detail
1. Name of Form Oklahoma Living Will
2. Also Known As Advance Directive for Health Care
3. Governing Law Oklahoma Statutes Title 63, Section 3101.1-3101.16 - Oklahoma Advance Directive Act
4. Main Purpose To allow individuals to outline their preferences for medical treatment in anticipation of a situation where they are no longer able to communicate their wishes directly.
5. Execution Requirements Must be signed by the declarant and two witnesses not related by blood or marriage and not entitled to any portion of the estate of the declarant.
6. When It Becomes Effective Becomes effective when the declarant is determined to be incapacitated and unable to make health care decisions.
7. Revocation Can be revoked at any time by the declarant through a signed and dated written statement, by physically destroying the document, or by oral declaration to a physician or another person.
8. Copies A copy of the document has the same legal effect as the original.
9. Power of Attorney Option Allows the designation of a health care proxy to make decisions on behalf of the declarant if they become unable to do so.
10. Can Include Instructions on Can specify preferences on the use of life-sustaining treatment, artificial nutrition, and hydration, and other end-of-life care options.

Instructions on How to Fill Out Oklahoma Living Will

Filling out an Oklahoma Living Will is a crucial step in managing your healthcare preferences in advance. This legal document enables you to outline your wishes regarding medical treatment in situations where you are unable to communicate. Completing this form ensures your healthcare providers and loved ones are aware of your desires, allowing them to make informed decisions on your behalf. The process is straightforward, but it's important to follow each step carefully to ensure your instructions are clear and legally valid.

  1. Begin by obtaining the most current version of the Oklahoma Living Will form. This can usually be found online on the website of the Oklahoma Department of Health or through a lawyer's office.
  2. Read the instructions provided with the form carefully. Understanding these guidelines before you start can help avoid mistakes.
  3. Enter your full legal name and date of birth at the top of the form to identify yourself as the declarant.
  4. Review the medical treatment options listed on the form. These include decisions about life-sustaining treatments, artificial nutrition, and hydration. Think about each scenario and what your preferences would be.
  5. Mark your choices clearly. If a section allows for additional comments or instructions, use this space to provide detailed information about your wishes.
  6. If the form requires you to designate a healthcare proxy or a durable power of attorney for healthcare, write the name, relationship, and contact information of the person you trust to make healthcare decisions on your behalf if you're unable to do so.
  7. Ensure the form is witnessed or notarized, depending on Oklahoma's requirements. This usually means having two adults present who are not named as your healthcare proxy, and who can confirm your identity and willingness to complete the living will. Some states may also require these witnesses to sign the form.
  8. Once the form is filled out and properly witnessed or notarized, make several copies. Keep the original in a safe but accessible place, and distribute copies to your healthcare proxy, family members, and primary healthcare provider.

After completing your Oklahoma Living Will, it's advisable to review it periodically, especially after major life events such as marriage, divorce, the birth of a child, or a significant change in health. This ensures that your living will always reflects your current wishes and circumstances.

Crucial Points on This Form

What is a Living Will form in Oklahoma?

A Living Will form in Oklahoma is a legal document that allows individuals to express their wishes regarding medical treatment in the event that they become incapacitated and are unable to communicate their decisions. This form specifically addresses scenarios where the person is terminally ill or permanently unconscious. It ensures that their preferences for accepting or refusing life-sustaining treatment, including artificially provided nutrition and hydration, are known and respected.

Who should have a Living Will in Oklahoma?

Any competent adult in Oklahoma who wishes to have control over their medical treatment when they are no longer able to make or communicate decisions should consider creating a Living Will. It's particularly important for those with strong preferences about end-of-life care or those with chronic or potentially terminal conditions. However, it is wise for any adult to prepare a Living Will as part of their broader healthcare and estate planning, to ensure their wishes are followed.

How can someone create a Living Will in Oklahoma?

To create a Living Will in Oklahoma, an individual must complete the relevant form, making sure to clearly outline their wishes regarding life-sustaining treatment and other critical medical care decisions. The completed form must then be signed in the presence of two witnesses, who cannot be the individual's healthcare provider or related to the individual by blood or marriage. Alternatively, the document can be notarized. It is not required to be filed with any state agency, but it should be accessible to the individual’s healthcare providers and loved ones.

Is a Living Will the same as a Power of Attorney in Oklahoma?

No, a Living Will and a Power of Attorney are not the same in Oklahoma. A Living Will specifically addresses the individual’s wishes regarding medical treatment when they are incapacitated. In contrast, a Power of Attorney for Healthcare is a separate document that designates another person, known as an agent, to make healthcare decisions on behalf of the individual if they are unable to do so. While a Living Will outlines specific wishes, a Healthcare Power of Attorney allows for broader decision-making authority on healthcare matters.

Can a Living Will be changed or revoked in Oklahoma?

Yes, in Oklahoma, an individual can change or revoke their Living Will at any time, as long as they are competent to do so. To revoke a Living Will, the individual can destroy the document, create a new one, or communicate their intention to revoke it in any manner. It is crucial to inform healthcare providers and anyone who was given a copy of the original Living Will about the revocation or any updates to ensure the individual’s current wishes are known and respected.

What happens if someone does not have a Living Will in Oklahoma?

If someone in Oklahoma does not have a Living Will and becomes incapacitated, their healthcare providers and loved ones may not know their wishes regarding life-sustaining treatment. In such cases, decisions will be made according to state law, which typically involves consulting with closest family members to determine the course of treatment. This can lead to decisions that may not align with the individual's preferences and could result in emotional and financial strain on family members. Therefore, creating a Living Will is recommended to clearly communicate one’s healthcare wishes.

Common mistakes

When individuals set out to fill the Oklahoma Living Will form, their intentions are often clear, but mistakes can occur that might hinder the document's effectiveness and clarity. Here are four common errors that should be avoided to ensure the living will serves its intended purpose accurately and comprehensively:

  1. Not Specifying Preferences Clearly: One of the most critical aspects of completing the Oklahoma Living Will is the clear articulation of medical preferences, including the desire for life-sustaining treatments or the refusal thereof. Vague or ambiguous statements can lead to interpretation conflicts among family members and medical providers, potentially leading to decisions that might not align with the individual’s true wishes.

  2. Omitting a Health Care Proxy: While it’s crucial to specify medical preferences, it’s equally important to appoint a health care proxy or durable power of attorney for health care. This person will make medical decisions on behalf of the individual if they are unable to communicate their wishes. Failing to designate such a proxy can leave important decisions up to medical professionals or family members who might not know the individual’s preferences.

  3. Ignoring the Requirement for Witnesses or Notarization: The validity of a living will in Oklahoma is contingent upon proper witnessing or notarization, according to state laws. Neglecting this step can render the document legally ineffective. Therefore, it is vital to understand and comply with these requirements, including who can or cannot serve as a witness to ensure the living will is legally binding.

  4. Forgetting to Review and Update: Life changes, such as new diagnoses, changes in marital status, or shifts in personal beliefs, can influence one's healthcare wishes. Failing to regularly review and update the living will means it may no longer reflect the individual’s current preferences. Regular updates ensure the document remains aligned with the person's wishes and circumstances.

By avoiding these common mistakes, individuals can ensure their Oklahoma Living Will accurately reflects their healthcare preferences, thus offering peace of mind to themselves and their families.

Documents used along the form

When preparing for the future, especially in terms of health care decisions, an Oklahoma Living Will form is an essential tool. It allows individuals to outline their wishes regarding medical treatments and life-sustaining measures in cases where they cannot communicate these desires themselves. However, to ensure a comprehensive approach to health care planning, several other documents are often used in conjunction with a Living Will. Each of these plays a crucial role in expressing and securing one's health care preferences and legal rights.

  • Durable Power of Attorney for Health Care: This document appoints a health care proxy, who is authorized to make medical decisions on behalf of someone if they become unable to do so. It complements a Living Will by covering decisions not specified within it.
  • Do Not Resuscitate (DNR) Order: A DNR order is a medical order signed by a physician, indicating that a person does not want to receive cardiopulmonary resuscitation (CPR) in the event of cardiac or respiratory arrest. This is particularly relevant for individuals with severe illnesses or conditions.
  • Medical Power of Attorney: Similar to the Durable Power of Attorney for Health Care, this document specifically allows an appointed agent to make broad medical decisions, not just those related to life-sustaining treatment.
  • HIPAA Release Form: The Health Insurance Portability and Accountability Act (HIPAA) privacy rules prevent the sharing of health information without consent. A HIPAA release form provides written consent for health providers to share medical records and information with designated individuals.
  • Organ Donor Form: This form indicates an individual's wishes regarding organ and tissue donation after death. It can be a separate document or included as a part of the driver's license registration process in some states.
  • Five Wishes Living Will: An alternative to the standard Living Will, the Five Wishes document addresses personal, spiritual, and emotional aspects of care in addition to medical and legal wishes. It is recognized in many states as a legal document.
  • Estate Plan or Last Will and Testament: While not directly related to medical decisions, an estate plan or a Last Will and Testament can include instructions concerning funeral arrangements and how one wishes their assets to be handled after their passing. It ensures that personal matters are settled in accordance with one’s wishes.

In summary, while the Oklahoma Living Will form is paramount for healthcare decision-making, integrating it with other forms and documents can provide a more extensive plan that addresses all aspects of one’s care preferences and legal rights. Preparing these documents can offer peace of mind to individuals and their families, ensuring that their wishes are respected and followed.

Similar forms

  • Durable Power of Attorney for Health Care: This document, like a Living Will, enables individuals to outline their medical care preferences in advance. However, it goes a step further by appointing a specific person, often referred to as a healthcare proxy or agent, to make medical decisions on their behalf if they are unable to communicate their wishes directly.

  • Do Not Resuscitate (DNR) Order: Similar to a Living Will, a DNR order instructs medical personnel not to perform CPR if a person's breathing stops or if their heart stops beating. Both documents guide healthcare providers on how to proceed in critical medical situations based on the patient’s predetermined choices.

  • Medical Orders for Life-Sustaining Treatment (MOLST): This form complements a Living Will by converting the individual’s preferences into medical orders. It is especially useful for those with serious health conditions, ensuring that their treatment preferences are followed by healthcare providers in any setting, much like the directives in a Living Will.

  • Advance Healthcare Directive: This document serves a purpose akin to that of a Living Will but is more comprehensive. It often combines the features of a Living Will and a Durable Power of Attorney for Health Care, covering a broader range of decisions about medical care and the appointment of a healthcare proxy.

  • Five Wishes Document: Though it serves a similar purpose by documenting medical treatment preferences, Five Wishes goes beyond traditional directives. It addresses personal, spiritual, and emotional needs in addition to specifying medical wishes and designating a health care agent, thereby encompassing more holistic aspects of care.

  • Organ Donor Registry: While primarily focused on a person’s consent to donate their organs and tissues after death, being a part of an Organ Donor Registry shares the spirit of a Living Will by making one's critical health care decisions known in advance.

  • Emergency Medical Information Card: These cards, which individuals carry with them, summarize their medical conditions, allergies, medications, and emergency contacts. Similar to a Living Will, they communicate crucial health information that can guide emergency personnel during a crisis when the patient cannot speak for themselves.

Dos and Don'ts

When preparing an Oklahoma Living Will, individuals are making important decisions about their health care in circumstances where they might not be able to communicate their wishes. This document is crucial for ensuring that your desires are known and respected. To help navigate this process, here are some dos and don'ts:

  • Do take the time to thoroughly understand each section of the form before filling it out. It's essential that you comprehend the nature and scope of the decisions you're making.
  • Do discuss your wishes with your family, close friends, and especially the person you intend to appoint as your health care proxy or power of attorney. It’s vital they understand your preferences.
  • Do consult with a healthcare provider if you have questions about specific medical treatments or terms mentioned in the form. Their expertise can help clarify how these choices might play out in real-life scenarios.
  • Do use clear, precise language to ensure your wishes are not open to interpretation. Ambiguities could lead to confusion or misapplication of your instructions.
  • Do sign and date the form in the presence of the required witnesses or a notary public, as mandated by Oklahoma state laws, to ensure its legal validity.
  • Don't leave any sections incomplete unless they are not applicable to your situation. An incomplete form may raise questions about your intentions and potentially complicate the implementation of your wishes.
  • Don't assume that simply filling out the form is enough. It’s important to review and update your living will periodically, especially after significant life events or changes in your health status, to ensure that it continues to reflect your current wishes.

By following these guidelines, you can more effectively communicate your health care preferences and enjoy the peace of mind that comes with having made these important decisions in advance.

Misconceptions

When it comes to making decisions about end-of-life care, the Oklahoma Living Will is a critical document. However, there are several misconceptions surrounding it that need to be clarified. Understanding these misunderstandings is crucial in making informed decisions about one's own health care preferences.

  • A Living Will is the same as a Last Will and Testament: This is a common misconception. A Living Will specifically deals with health care decisions, particularly about life-sustaining treatments, should one become unable to communicate their wishes. In contrast, a Last Will and Testament concerns the distribution of one's estate after their death.

  • Having a Living Will means you won’t receive any medical treatment: This is not accurate. A Living Will outlines specific circumstances under which you would or would not want life-sustaining treatments. It does not mean that all medical treatment will be denied. Instead, it guides doctors and loved ones in making healthcare decisions that align with your preferences.

  • You must have an attorney to create a Living Will: While consulting with an attorney can provide valuable insight, especially for complex situations, it is not a requirement in Oklahoma. The state provides forms that can be completed without the need for a lawyer. However, it's important to ensure these forms are correctly filled out and witnessed to be legally binding.

  • If you change your mind, it’s too late to modify your Living Will: This is false. You have the right to change or revoke your Living Will at any time, as long as you are mentally competent. This ensures that your current wishes are respected, even if they change from your originally stated preferences.

  • Only the elderly or those with a terminal illness need a Living Will: This misconception can be particularly harmful. Accidents or sudden illness can happen to anyone at any age, making a Living Will an essential document for adults of all ages. It ensures that your healthcare wishes are known and considered, regardless of your health status.

Clearing up these misconceptions about the Oklahoma Living Will can help individuals make more informed decisions about their health care preferences. It's about having control over your medical treatment and ensuring your wishes are known and respected, even if you can't communicate them yourself.

Key takeaways

When considering the creation and use of an Oklahoma Living Will, it's important to understand several key points. A Living Will is a legal document that allows individuals to define their preferences for medical treatment in the event that they are unable to communicate their decisions.

  • An Oklahoma Living Will needs to be completed when the individual is of sound mind and capable of making informed decisions regarding their healthcare preferences.
  • It is crucial to discuss your healthcare wishes with your healthcare provider as well as with family members or others who might be involved in your care.
  • The document must be witnessed by two individuals who are not related to you by blood or marriage, and who do not stand to inherit any of your property or assets.
  • Certain individuals such as your healthcare provider or an employee of your healthcare provider are not eligible to be witnesses.
  • Once the Living Will is completed and properly signed, it should be kept in a place where it can be easily accessed. A copy should be given to your primary healthcare provider to be included in your medical records.
  • An Oklahoma Living Will can be revoked or amended at any time by the individual, as long as they are competent to do so. To revoke, it can be as simple as destroying the document or creating a new document that states the intention to revoke the previous one.
  • It's advised to review and possibly update your Living Will periodically, especially after major life events such as marriage, divorce, the birth of a child, or a significant change in health status.

Understanding these key points ensures that an Oklahoma Living Will accurately reflects an individual's preferences for medical treatment, providing clarity and direction for both healthcare providers and family members during difficult times.

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