Published July 24, 2025
By McCann Law | Estate Planning
What Is an Advance Directive?
In Oklahoma, Advance Directives are governed by the Oklahoma Advance Directive Act (63 O.S. § 3101.1). Unlike a Health Care Power of Attorney, an Advance Directive is strictly limited to end-of-life decisions. It allows you to:
- Express your preferences for life-sustaining treatments
- Provide written instructions in advance
- Ensure your wishes are honored when you can’t speak for yourself
When Does an Advance Directive Take Effect?
An Advance Directive becomes active when you are diagnosed with a medically incurable condition. There are three primary scenarios:
1. Terminal Condition
An incurable illness or injury that will result in death within six months, even with life-sustaining treatment.
2. Coma or Persistent Vegetative State
Coma: A deep state of unconsciousness with no response to environment.
Persistent Vegetative State (PVS): The person is awake but unaware, unable to communicate or interact, though basic functions like breathing continue.
3. End-Stage Condition
A condition causing severe and permanent deterioration, complete physical dependency, and no effective medical treatment.
What Is Life-Sustaining Treatment?
Life-sustaining treatment refers to any medical intervention that prolongs life. Examples include:
- Pacemakers and defibrillators
- CPR (cardiopulmonary resuscitation)
- Artificial hydration and nutrition
- Mechanical ventilation
- Dialysis, antibiotics, and surgery
Your Options for Medical Care
You can choose from the following general options:
- Reject life-sustaining treatment but accept nutrition and hydration
- Reject both life-sustaining treatment and nutrition/hydration
- Accept both life-sustaining treatment and nutrition/hydration
- Provide specific instructions (e.g., keep pacemaker but reject mechanical ventilation)
Naming Your Health Care Proxy
Your Advance Directive also allows you to name a health care proxy—someone who will speak on your behalf. In Oklahoma, the form is prescribed by statute (63 O.S. § 3101.4).
Best practice: Name alternate proxies in case your first choice is unavailable.
Why Advance Directives Matter
Without an Advance Directive, your loved ones may face painful decisions without knowing your wishes. Planning ahead:
- Reduces stress and uncertainty
- Ensures your values guide your care
- Gives your family peace of mind
Ready to Get Started?
Making these decisions now can save your family heartache later. For more information or to schedule a consultation:
📞 Call McCann Law at (918) 565-0070
I’ll help you get the legal answers you’re seeking—with clarity and compassion.