63 O.S. §§3100.1–3100.26 · Oklahoma

Oklahoma: how to sign your advance directive

Oklahoma is the only state in this set whose answer changes on a date you can circle. On 1 July 2027 the instrument that has governed Oklahoma since 1990 is repealed, and a different one takes its place.

Why WearableDocs

Wherever you are, the directive has to be reachable

A signed advance directive that cannot be produced when someone asks for it fails in practice. WearableDocs stores yours and makes it open in seconds from a card you already carry.

You answer a few questions — your name, your state, and what you refuse — and WearableDocs builds the directive. Print it, sign it, upload it. Changing your answers later is part of the plan, so nothing is locked in.

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What Oklahoma asks

What you need to sign in Oklahoma

Now through 30 June 2027 (Advance Directive Act)

Instruments
One Advance Directive for Health Care — living will, proxy, anatomical gifts
Form
Illustrative — but §3101.4(B) makes the statutory form load-bearing for nutrition/hydration
Execution
W2 only — no notary
May not witness
18+; not legatees, devisees, or heirs at law
May not be your agent
None in §3101.4
Who decides
Two physicians (attending + another); religious-beliefs override for determiner
Carried device
Nothing for the directive

From 1 July 2027 (UHCDA 2026)

Instruments
Advance health care directive = health care instruction and/or power of attorney for health care; separate advance mental health care directive available
Form
Optional statutory form in the act
Execution (POA)
Record + signature + one adult witness (remote A/V or authenticated audio presence allowed)
Nutrition/hydration
Separate-initial / separate-mark rule retained; plus Hydration and Nutrition for Incompetent Patients Act limits
Delivery
No delivery condition. HB 1687 is fully captured and carries no conjunctive delivery trigger — §3100.4(A) presumes capacity, §3100.8(C) makes a decision "effective without judicial approval", and §3100.13(D)(2) puts a duty on the provider to request and file a copy rather than conditioning anything on receipt
Citation
63 O.S. §§3100.1–3100.26

Read from the enacted statute, NONE — sec.

The instrument

What Oklahoma actually recognizes

Until then, the Oklahoma Advance Directive Act stands — one document with three parts, a living will, a proxy and an anatomical gift, executed before two witnesses and no notary. It carries a rule with no equivalent in the other fifty: if the directive is not on the statutory form, it cannot withhold artificially administered nutrition or hydration unless the declarant authorizes that in their own words or in a separate section that deals only with nutrition and hydration and is separately initialled or marked. A directive can be valid, witnessed, signed and still unable to reach a feeding tube.

HB 1687 ends that regime. Effective 1 July 2027 it creates the Uniform Health Care Decisions Act of 2026 at 63 O.S. §§3100.1 et seq., and SECTION 33 repeals §§3101.1–3101.16 — including §3101.4 — along with the Health Care Agent Act. The replacement is more permissive on execution: a power of attorney for health care needs one adult witness, not two. And it is more conventional: the act carries an optional statutory form rather than a load-bearing one.

But the nutrition rule survives in substance. The new act keeps the separately-initialled, separately-marked gate, and ties an agent's or surrogate's authority over nutrition and hydration to the Hydration and Nutrition for Incompetent Patients Act. Out-of-state directives meet the same gate.

So Oklahoma's page has to do something no other page in the cluster does: state the law twice, for two different signing dates. A page that only knows §3101.4 is already wrong for anyone who signs after the switch. A page that only knows §§3100.x is wrong for anyone signing this year. Directives valid under the old act remain valid — the transition provision protects them — but a form downloaded today and signed in 2028 is a different document with a different execution rule.

What the popular guides get wrong

Corrections for Oklahoma

Most Oklahoma form kits still sell the three-part Advance Directive as if it were permanent. It is permanent until July 1, 2027. Kits that ignore the separately-initialled nutrition block already fail the current act; kits that ignore HB 1687 will fail the next one.

Carried on you

What a WearableDocs card does in Oklahoma

Oklahoma's directives pass through a separately-initialled nutrition gate, which the new act keeps — and neither regime gives a carried directive legal force. Neither §3101.1 et seq. nor §§3100.1–3100.26 attaches any consequence to a directive being on the person, and Oklahoma is not among the states with a statutory DNR bracelet.

What Oklahoma has instead is the nutrition gate — and it changes what the card is for here in a way it does not elsewhere.

The separately-initialled rule exists because a directive can fail on a narrow, technical point while looking complete. A signed, witnessed, otherwise-valid Oklahoma directive that nobody checked for the nutrition block cannot withhold artificial nutrition and hydration. That is not a delivery problem — it is a drafting problem, and the card does not fix it. What the card does is get the document in front of the people who will look for that section, at the moment they need to know whether it is there.

Oklahoma is therefore a page where the honest claim is narrower than usual, and it should say so: the card gets the document read. Whether the document says what the signer thought it said is a question only the document can answer.

Confirm against the Hydration and Nutrition for Incompetent Patients Act and Oklahoma EMS rules before asserting anything further.

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