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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 43A, § 43A-11-107: When advance directive becomes operative - Contrary or

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  1. OK Code
  2. Title 43A

conflicting instructions given by attorney-in-fact.

A. The wishes of a declarant, at all times while the declarant

is capable, shall supersede the effect of an advance directive for

mental health treatment.

B. An advance directive for mental health treatment shall

become operative when:

1. It is delivered to the declarant's physician or

psychologist; and

2. The declarant is certified to be incapable and to require

mental health treatment as provided by Section 11-110 of this title.

C. An advance directive for mental health treatment remains

valid until:

1. Revoked, expired or superseded by a subsequent advance

directive for mental health treatment; or

2. Superseded by a court order.

D. A court order shall supersede an advance directive for

mental health treatment in all circumstances.

E. Mental health treatment instructions contained in a

declaration executed in accordance with this act shall supersede any

contrary or conflicting instructions given by an attorney-in-fact

specifically for mental health treatment decisions unless the

authority given to the attorney-in-fact in the advance directive for

mental health treatment expressly provides otherwise.

F. Except as provided by subsection E of this section, in the

event that more than one valid advance directive for mental health

treatment has been executed and not revoked, the last advance

directive for mental health treatment executed shall be construed to

be the mental health treatment wishes of the declarant and shall

become operative as provided by subsection B of this section.

G. In the absence of an advance directive for mental health

treatment, the powers vested in a guardianship of the person, or

grant of general health care decision-making authority or

designation of health care proxy contained in an advance directive

for health care or durable power of attorney with health care

decision-making authority shall be deemed to include mental health

treatment.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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