Planning for Medical Decisions: An Overview of Oklahoma’s Health Care Agent Act
When planning your estate, it’s important to address both financial and medical aspects. These two components often overlap, as the goal is to ensure you are cared for both medically and financially in the event you become disabled. A key document for addressing medical decisions is the Medical Power of Attorney. Some people prefer different individuals to handle their medical and financial matters, which is why I recommend separating these responsibilities into two distinct categories: one for medical decisions and another for financial matters. However, it’s important to note that a Medical POA does not cover every situation, particularly those involving end-of-life decisions. End-of-life planning is handled through a Living Will, which Oklahoma includes as part of its Advance Medical Directive. Additionally, you should ensure that someone you trust has been granted the authority to access your medical records if needed. You may also want to designate a potential guardian in the event one is needed for you. Below is a brief overview of the legislative history and current framework for Oklahoma’s Medical POA.
Legislative History of Oklahoma’s Medical Power of Attorney
Under the original Uniform Durable Power of Attorney Act enacted in 1988, there was no provision for health care decisions. This changed in 1992 when the Act was amended to include “health and medical care decisions,” codified at 58 O.S. § 1072.1(B)(1). This amendment went into effect as an emergency measure on September 1, 1992. However, the amendment was later repealed when the new Uniform Durable Power of Attorney Act was adopted in 2021, codified at 58 O.S. 3001 et seq. Unfortunately, the new Act did not include a health care power of attorney, though previously executed documents remained valid. This omission has been attributed to either oversight or a deliberate effort to avoid conflicts with states that do not recognize a health care power of attorney.
The Legislature has, in any event, restored the health care power of attorney in a separate piece of legislation known as the Oklahoma Health Care Agent Act, adopted the following year, 2022, and codified at 63 O.S. § 3111.1 et seq., (Title 63: Public Health and Safety). This legislation (SB 1596) was sponsored by Senator Brent Howard of Altus and Representative Preston Stinson of Edmond and went into effect on April 29, 2022, as an emergency measure. Under this law, the health care agent is distinct from the health care proxy designated under the Advance Directive Act, although the same individual may serve in both roles. Documents that substantially comply with the new Act, even if executed before its passage, are still considered valid. Notably, the Health Care Agent Act does not require notarization for validity.
If you have any questions about this article or any other legal issues, please feel free to contact us. If you or someone you know needs assistance with their estate planning, we would be honored to help.