On April 29, 2022, the Oklahoma Health Care Agent Act was signed by Governor Stitt and became law in the state. The act codifies the right for Oklahomans to name an agent (power of attorney) of their choice to make healthcare decisions on their behalf. The act reinstates the rights that were inadvertently repealed in November of 2021.The new Act can be found at 63 Okla. Stat. §§ 3111.1 – 3111.13.

The highlights of the act are the following:

– A citizen gets to appoint an agent and alternate agents to make healthcare decisions on his or her behalf

– The appointment can become effective immediately or upon the citizen’s incapacity

– Other than the powers included in the Oklahoma Advance Directive Act – the right to direct the withholding or withdrawal of life-sustaining treatment, nutrition, or hydration; the agent’s authority can be as broad or as narrow as desired

– If limitations are not listed in the document, the agent does have the right to:

o Sign a do-not-resuscitate consent form,

o Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition

o Select or discharge health care providers and facilities

– The document must be signed by two witnesses

– The act also states that any healthcare power of attorney executed between November 1, 2021 and April 29, 2022 is validated if it complies substantially with this act

If you have any questions about this act and the Oklahoma Healthcare Power of Attorney, please feel free to contact our office at 918-747-6099.