How to Create a Living Will Under Oklahoma Law
Creating a living will is an essential step in ensuring that your healthcare wishes are honored in the event that you are unable to communicate them yourself. Under Oklahoma law, the process of creating a living will is straightforward, and it provides a legal framework for your healthcare decisions. Here’s how to create a living will in Oklahoma.
1. Understand What a Living Will Is
A living will, also known as an advance directive, is a legal document that specifies your preferences regarding medical treatment and end-of-life care. It becomes effective when you are unable to make decisions due to illness or incapacity.
2. Review Oklahoma’s Laws on Living Wills
Oklahoma Statutes Title 63, Section 3101.1 defines the requirements for living wills. Familiarize yourself with these laws to ensure your document meets all legal criteria.
3. Identify Your Healthcare Preferences
Before drafting your living will, take time to consider your healthcare preferences. Think about various medical scenarios such as terminal illness, irreversible conditions, or persistent vegetative states. Determining your wishes now can ease the burden on your loved ones later.
4. Draft the Living Will
You can either use a template or draft your own living will. Ensure it includes:
- Your full name and date of birth
- A clear statement of your wishes regarding medical treatment
- Any specific treatments you want to receive or refuse
- Your signature and the date
5. Sign the Document in Front of Witnesses
Oklahoma law requires that your living will be signed in the presence of two witnesses. These witnesses must be at least 18 years old and cannot be your healthcare provider or related to you by blood or marriage. Their signatures validate your living will.
6. Make Copies and Distribute
After signing, make several copies of your living will. Provide copies to your healthcare proxy, family members, and your medical providers. It’s also wise to keep a copy in your home and provide one to your attorney if you have one.
7. Review and Update Your Living Will Regularly
Your healthcare preferences may change over time. It’s important to review your living will periodically and update it if necessary. Life changes such as marriage, divorce, or significant health changes can prompt a reevaluation of your decisions.
8. Consider Additional Advance Directives
In addition to a living will, you may want to consider appointing a healthcare proxy through a durable power of attorney for healthcare. This person will make decisions on your behalf if you are unable to do so.
9. Consultation with an Attorney
If you have complex healthcare wishes or need guidance through the process, consulting an attorney experienced in estate planning and elder law may be beneficial. They can help ensure that your living will is properly drafted and complies with Oklahoma laws.
Conclusion
Creating a living will under Oklahoma law is an important step in protecting your healthcare wishes. By following these guidelines, you can ensure your preferences are respected, providing peace of mind for both you and your loved ones.