Oklahoma Living Will Requirements
Based on Oklahoma Statutes Title 63, §3101.1 through §3101.16
Quick Summary
- Document type: Advance Directive for Health Care
- 2 witnesses required
- Notarization not required
Witness Requirements
Oklahoma requires 2 witnesses who are present when you sign your advance directive for health care. Witnesses have the following restrictions:
Witness restrictions:
- A witness must be at least eighteen (18) years of age
- A witness cannot be related to the declarant by blood or marriage
- A witness cannot be a beneficiary under the declarant's will
- A witness cannot be a person who would inherit from the declarant under intestate succession
- A witness cannot be directly financially responsible for the declarant's health care
When Your Living Will Takes Effect
Your Oklahoma living will becomes effective when the following conditions are met:
Terminal Illness
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.
Persistent Vegetative State
A state of permanent unconsciousness in which there is the absence of voluntary action or cognitive behavior of any kind and an inability to communicate or interact purposefully with the environment.
Irreversible Condition
A condition, injury, or illness that may be treated but is never cured or eliminated, and that without life-sustaining treatment will be fatal or result in a persistent vegetative state.
Important Notes for Oklahoma
- Oklahoma follows the Oklahoma Advance Directive Act (Title 63 §3101.1 through §3101.16)
- An advance directive for health care does not require notarization
- An advance directive for mental health treatment (a separate document) does require notarization
- Oklahoma provides an optional statutory advance directive form under §3101.4
- The statutory form includes a separate provision for decisions regarding nutrition and hydration
- A declarant may designate a health care proxy to make decisions on their behalf
- An advance directive may be revoked at any time by the declarant without regard to mental or physical condition
- Oklahoma recognizes out-of-state advance directives if valid under the law of that state
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.