Oklahoma § 63-3111.3 - Execution for power of attorney for health care –

§ 63-3111.3. Execution for power of attorney for health care –

Authority of agent.

A. A person with capacity may give an oral or written

individual instruction. The instruction may be limited to take

effect only if a specified condition arises.

B. A person with capacity may execute a power of attorney for

health care, which may authorize the agent to make any health care

decision the principal could have made while having capacity other

than the withholding or withdrawal of life-sustaining treatment,

nutrition, or hydration, which may only be authorized in compliance

with the Oklahoma Advance Directive Act; provided, however, the

power of attorney for health care may authorize the agent to sign a

do-not-resuscitate consent in accordance with the provisions of the

Oklahoma Do-Not-Resuscitate Act, Section 3131.1 et seq. of Title 63

of the Oklahoma Statutes. The power shall be in writing and signed

by the principal. The power remains in effect notwithstanding the

principal’s later incapacity and may include individual

instructions. Unless related to the principal by blood, marriage,

or adoption, an agent may not be an owner, operator, or employee of

a residential long-term health care institution at which the

principal is receiving care.

C. Unless otherwise specified in a power of attorney for health

care, the authority of an agent becomes effective only upon a

determination that the principal lacks capacity and ceases to be

effective upon a determination that the principal has recovered

capacity.

D. Unless otherwise specified in a power of attorney for health

care, a determination that an individual lacks or has recovered

capacity, or that another condition exists that affects an

individual instruction or the authority of an agent, shall be made

by the attending physician.

E. An agent shall make health care decisions in accordance with

the principal’s individual instructions, if any, and other wishes to

the extent known to the agent. Otherwise, the agent shall make the

decision in accordance with the agent’s determination of the

principal’s best interest. In determining the principal’s best

interest, the agent shall consider the principal’s personal values

to the extent known to the agent.

Oklahoma Statutes - Title 63. Public Health and Safety

F. A health care decision made by an agent for a principal is

effective without judicial approval.

G. A power of attorney for health care shall be signed by the

principal in the presence of a notary public or witnessed by two (2)

individuals who are at least eighteen (18) years of age and who are

not legatees, devisees, or heirs at law of the principal.

H. A power of attorney for health care is valid for purposes of

this act if it is in substantial compliance with this act,

regardless of when or where executed or communicated.

Added by Laws 2022, c. 136, § 3, emerg. eff. April 29, 2022.

Amended by Laws 2023, c. 154, § 1, emerg. eff. May 1, 2023.