Oklahoma Advance Directive Form: How to Fill It Out Step by Step

A single execution mistake — the wrong witness, a missing signature — can invalidate years of careful planning and leave your family scrambling for a court-appointed guardian. Oklahoma's statutory advance directive form packs three separate legal instruments into one document, and each section has its own rules.

Here is exactly how to complete each part correctly under the Oklahoma Advance Directive Act (63 O.S. § 3101 et seq.).

What Oklahoma's Advance Directive Form Covers

The official form (OKDHS Publication 87-07W) combines three sections into a single document:

Part I — Living Will. This section records your preferences for life-sustaining treatment across three clinical triggers: terminal condition (death expected within six months), persistent unconsciousness (irreversible coma), and end-stage condition (severe permanent physical dependency with mental incompetency). You can accept or refuse artificial nutrition, hydration, and mechanical ventilation for each scenario independently.

Part II — Health Care Proxy. This section appoints a primary agent and an alternate to make medical decisions if you lose capacity. Your proxy's decisions carry the same legal weight as if you made them yourself.

Part III — Anatomical Gifts. An optional section documenting organ and tissue donation preferences for transplantation, therapy, research, or education.

You can complete all three sections or just the ones you need — each part functions independently.

Step-by-Step Completion Instructions

Step 1: Print the statutory form. Download the free form from the Oklahoma Department of Human Services (Publication 87-07W) or the Oklahoma State Department of Health. Do not use generic national templates — Oklahoma requires substantial conformity with the statutory format.

Step 2: Complete Part I (Living Will). For each of the three clinical conditions, check whether you want life-sustaining treatment continued, withheld, or withdrawn. Pay special attention to artificial nutrition and hydration — Oklahoma treats this as a separate decision from other life-sustaining treatments.

Step 3: Address the pregnancy clause. Oklahoma law requires that life-sustaining treatment be provided during pregnancy regardless of your directive — unless you add explicit custom language overriding this default. If you want your directive to apply during pregnancy, you must write specific instructions in the designated space on the form.

Step 4: Complete Part II (Health Care Proxy). Name your primary agent with full legal name, phone number, and address. Name an alternate agent in case your first choice is unavailable. Choose someone who understands your values and can handle high-pressure medical conversations.

Step 5: Complete Part III (Anatomical Gifts). If you want to donate, specify whether you are donating any needed organs, only specific organs, or donating for specific purposes (transplantation, research, education).

Step 6: Sign and witness. Sign the form in front of two adult witnesses (18 or older). Both witnesses must be disinterested — they cannot be related to you by blood or marriage, and they cannot be entitled to any portion of your estate. Notarization is not required for the advance directive to be legally valid.

Common Execution Mistakes That Invalidate the Form

The most frequent error is using a family member as a witness. Under Oklahoma law, your spouse, children, siblings, parents, and anyone named in your will are all disqualified. Use neighbors, coworkers, or church members instead.

Another common mistake is assuming a Health Care Power of Attorney (HPOA) covers end-of-life decisions. In Oklahoma's dual-statute system, a standard HPOA cannot direct the withholding or withdrawal of life-sustaining treatment unless it specifically incorporates language from the Advance Directive Act. You need both documents for complete coverage.

When the Directive Takes Effect

Your advance directive does not activate the moment you sign it. It only becomes operative when your attending physician and one additional independent physician formally certify in writing that you lack decision-making capacity and meet one of the three statutory clinical conditions.

Until that certification happens, you retain full authority over your own medical decisions — the directive sits in reserve.

Getting the Details Right

The Oklahoma Advance Directive & Living Will Kit walks you through every section of the statutory form, includes witness eligibility verification, and addresses Oklahoma-specific complications like the pregnancy clause override and the dual-statute gap between living wills and health care powers of attorney.

See more Oklahoma guides →