Power of Attorney and Health Care – General – Oklahoma

Definitions

An “attending physician” is a licensed physician who has primary responsibility for treatment or care of the person. If more than one physician shares that responsibility, any of those physicians may act as the attending physician under the provisions of the Oklahoma Do-Not-Resuscitate Act.

“Cardiopulmonary resuscitation” is those measures used to restore or support cardiac or respiratory function in the event of a cardiac or respiratory arrest.

A “health care decision” is a decision to give, withhold, or withdraw informed consent to any type of health care including, but not limited to, medical and surgical treatments including life prolonging interventions, nursing care, hospitalization, treatment in a nursing home or other extended care facility, home health care, and the gift or donation of a body organ or tissue.

A “health care provider” is any physician, dentist, nurse, paramedic, psychologist, or other person providing medical, dental, nursing, psychological, hospice, or other health care services of any kind.

“Incapacity” is the inability, because of physical or mental impairment, to appreciate the nature and implications of a health care decision, to make an informed choice regarding the alternatives presented, and to communicate that choice in an unambiguous manner.

A “representative” is an attorney-in-fact for health care decisions acting pursuant to the Uniform Durable Power of Attorney Act, a health care proxy acting pursuant to the Oklahoma Rights of the Terminally III or Persistently Unconscious Act, or a guardian of the person appointed under the Oklahoma Guardianship and Conservatorship Act.

Form

A Do-Not-Resuscitate Consent Form MUST be in substantially the statutory form.

Execution and Witnesses

The consent must be signed by the declarant in the presence of two witnesses who must also sign the form.

The witnesses must be eighteen years of age and must certify that each is not a legatee, devisee, or heir at law of the declarant.

Revocation

At any time, a person under the care of a health care agency may revoke a do-not-resuscitate consent by making an oral, written, or other act of communication to a physician or other health care provider of a health care agency.

At any time, a person not under the care of a health care agency may revoke a do-not-resuscitate consent by destroying the form and removing all do-not-resuscitate identification from the person. The person is responsible for notifying such person’s attending physician of the revocation.

At any time, the parent or guardian of a minor child, or the minor child, if capable of doing so and possessing sufficient understanding and appreciation of the nature and consequences of the treatment decision despite the minor child’s chronological age, may revoke a do-not-resuscitate consent for the minor child by making an oral, written, or other act of communication to a physician or other health care provider. The parent or guardian of the minor child is responsible for notifying the minor child’s attending physician of the revocation.

At any time, a representative may revoke a do-not-resuscitate consent for an incapacitated person under the care of a health care agency by notifying a physician or other health care provider of the health care agency of the revocation of consent in writing or by orally notifying the attending physician.

At any time, a representative may revoke a do-not-resuscitate consent for an incapacitated person not under the care of a health care agency by destroying the form and removing all do-not-resuscitate identification from the person. The representative is responsible for notifying the person’s attending physician of the revocation.

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