Life Sustaining Statute, Oklahoma
A Life Sustaining Statute or a uniform living will is a legal document written by someone who is diagnosed with an illness that may be difficult to cure or has a chance to become a terminal illness. A life sustaining statute or uniform living will states the wishes of the person who is ill. It states what they would want to happen in the case that their illness does become terminal or that they pass the point of no return. This document states the types of medications he will be restricted to and from. It also states that if the person decided to prolong or shorten his or her life, that he or she did it willingly, of sound mind, has been informed of possible treatments and procedures, and understands all legal implications of his or her decisions. The document is generally written (this may vary among states) with the writer’s signature, City of residence, County of residence, State of residence, Social Security Number, the Date it was signed, and the names of the witnesses present during this event. It is then presented to a notary public for notarization and publishing. Finally, you are encouraged to keep multiple copies. Make sure that theses can be accessible with your doctor, lawyer, and family members.
A life sustaining statute is generally legal in most states and will generally be enforce and made in the presence of witnesses and a notary public. There is a general format when it come to life sustaining statutes but the details may differ depending on the state you are in. Detailed Statutory form are prescribed in the state of Oklahoma.
Life Sustaining Statute, Oklahoma
Oklahoma Statutes Title 63 Section 3103
DIRECTIVE TO PHYSICIANS
Directive made this _________________ day of ___________.I _______________, being of sound mind and twenty-one years of age or older, willfully and voluntarily make known my desire that my life shall not be artificially prolonged under the circumstances set forth below, and do hereby declare:
1. If at any time I should have an incurable irreversible condition caused by injury, disease, or illness certified to be a terminal condition by two physicians, I direct that life-sustaining procedures be withheld or withdrawn and that I be permitted to die naturally, if the application of life-sustaining procedures would serve only to artificially prolong the moment of my death and where my physician determines that my death is imminent whether or not life-sustaining procedures are utilized;
2. In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this directive shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences of such refusal;
3. If I have been diagnosed as pregnant and that diagnosis is known to my physician, this directive shall have no force or effect during the course of my pregnancy;
4. I have been diagnosed and notified as having a terminal condition by ______________, M.D. or D.O. whose address is ________________, I understand that if I have not filed in the name and address of the physician, it shall be presumed that I did not have a terminal condition when I made out this directive;
5. This directive shall be in effect until revoked;
6. I understand the full import of this directive and I am emotionally and mentally competent to make this directive; and
7. I understand that I may revoke this directive at any time.
Signed _________________________________________________The Declarant has been personally known to me and I believe him or her to be of sound mind. I am twenty-one (21) years of age or older, I am not related to the Declarant by blood or marriage, nor would I be entitled to any portion of the estate of the Declarant upon the death of the Declarant, nor am I the attending physician or directly financially responsible for Declarant’s medical care, or any person who has a claim against any portion of the estate of the Declarant upon the death of the Declarant.
________________________________________________________________
WITNESS
________________________________________________________________
WITNESSState of Oklahoma
County of ____________________Before me, the undersigned authority, on this day personally appeared _____________________ Declarant, _____________________ witness and ________________________________ witness whose names are subscribed to the foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the Declarant declared to me and to the said witnesses in my presence that said instrument is his or her “Directive to Physicians”, and that the Declarant had willingly and voluntarily made and executed it as the free act and deed of the Declarant for the purposes therein expressed.
The foregoing instrument was acknowledged before me this __________________ day of ______________________, 20__________.
Signed: __________________________________________________________Notary Public in and for ____________ County, Oklahoma
My Commission Expires:
Oklahoma Statutes Title 63 Section 3103
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in Oklahoma. Check with a local hospital or doctor’s office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.
1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Frequently Asked Questions
What is the Oklahoma life-sustaining statute?
The Oklahoma life-sustaining statute is found in Title 63, Section 3103 of the Oklahoma Statutes. It provides the form and legal framework for a directive to physicians, allowing individuals to state that their life shall not be artificially prolonged under certain circumstances. The statute outlines the conditions under which life-sustaining procedures may be withheld or withdrawn.
Who can make a directive to physicians in Oklahoma?
According to the statute, a directive to physicians may be made by a person who is of sound mind and twenty-one years of age or older. The directive must be made willfully and voluntarily. This age requirement is explicitly stated in the statutory form.
What conditions must be met for life-sustaining procedures to be withheld or withdrawn under the Oklahoma statute?
The statute requires that the person have an incurable irreversible condition caused by injury, disease, or illness that is certified to be a terminal condition by two physicians. Additionally, the application of life-sustaining procedures must serve only to artificially prolong the moment of death, and the physician must determine that death is imminent whether or not life-sustaining procedures are utilized. Under these circumstances, the directive allows for procedures to be withheld or withdrawn and for the person to be permitted to die naturally.
How many physicians must certify a terminal condition for a directive to be effective in Oklahoma?
The statute specifies that the terminal condition must be certified by two physicians. This certification is required for the directive to apply. The text does not provide exceptions to this requirement.
What does the Oklahoma directive to physicians say about family and physician responsibilities?
The directive states that in the absence of the person's ability to give directions regarding the use of life-sustaining procedures, it is their intention that the directive be honored by family and physician(s). It is to be treated as the final expression of the person's legal right to refuse medical or surgical treatment and to accept the consequences of that refusal. The statute does not impose penalties or obligations beyond this expression of intent.
Is the Oklahoma life-sustaining statute form mandatory?
The article presents the statutory form from Title 63, Section 3103, which includes blanks for the date and the person's name. It does not state whether this exact form is mandatory or whether substantial compliance is acceptable. The text only provides the form as part of the statute.
What is the legal effect of a directive to physicians in Oklahoma?
The directive serves as the final expression of the person's legal right to refuse medical or surgical treatment and to accept the consequences of such refusal. It directs that life-sustaining procedures be withheld or withdrawn under the specified conditions. The statute does not describe enforcement mechanisms or penalties for non-compliance.
Does the Oklahoma life-sustaining statute require a person to be terminally ill to make a directive?
The statute does not require a person to be terminally ill at the time of making the directive. It only requires that the person be of sound mind and twenty-one years of age or older. The directive becomes applicable if the person later develops an incurable irreversible condition certified as terminal by two physicians.
What is the definition of a terminal condition under the Oklahoma life-sustaining statute?
The statute defines a terminal condition as an incurable irreversible condition caused by injury, disease, or illness that is certified by two physicians. It does not provide further medical criteria or a list of specific conditions. The determination is left to the certifying physicians.
Can a person revoke a directive to physicians in Oklahoma?
The provided article does not address revocation of a directive to physicians. It only presents the statutory form and the conditions under which the directive applies. Therefore, no information about revocation is available from this text.
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