{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-11-104","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-11-104","heading":"Execution - Rights not affected - Presumptions","body":"A. Any capable person eighteen (18) years of age or older may\n\nexecute an advance directive for mental health treatment stating the\n\nmental health treatment wishes of the person in the event the person\n\nis determined to be incapable and mental health treatment is\n\ndetermined to be necessary as provided by Section 10 of this act.\n\nAn advance directive for mental health treatment may include but is\n\nnot limited to consent to inpatient mental health treatment.\n\nB. An advance directive for mental health treatment may be\n\nexecuted by:\n\n1. Executing a declaration; or\n\n2. Appointing an attorney-in-fact; or\n\n3. Both executing a declaration and appointing an attorney-in-\n\nfact. If executed, the appointment of an attorney-in-fact shall be\n\nattached to the declaration.\n\nC. The Advance Directives for Mental Health Treatment Act:\n\n1. Shall not affect the right of an individual to make\n\ndecisions about mental health treatment, so long as the individual\n\nis capable; and\n\n2. Creates no presumption concerning the intention of an\n\nindividual who has revoked or has not executed an advance directive\n\nfor mental health treatment.\n\nD. For the purpose of the Advance Directives for Mental Health\n\nTreatment Act:\n\n1. If a person is incapable at the time of a determination that\n\nmental health treatment is necessary, an advance directive for\n\nmental health treatment executed in accordance with the Advance\n\nDirectives for Mental Health Treatment Act is presumed to be valid;\n\nand\n\n2. A physician, psychologist or health care facility may\n\npresume, in the absence of actual notice to the contrary, that a\n\nperson who executed an advance directive for mental health treatment\n\nwas of sound mind when the advance directive for mental health\n\ntreatment was executed.\n\nE. A person shall not be required to execute or to refrain from\n\nexecuting an advance directive for mental health treatment as a\n\ncriterion for insurance, as a condition for receiving mental or\n\nphysical health services, or as a condition of discharge from a\n\nhealth care facility.\n\nF. The fact that a person has executed an advance directive for\n\nmental health treatment shall not constitute an indication of mental\n\nincompetence.","path":["OK Code","Title 43A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f28ee113a736365d6ec5b95702e55f731eba56cb7ad440b64dc1c32e52897707","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-11-103","next":"us-ok/okla.-stat.-tit.-43a-43a-11-105"},"notice":"GroundRules: Original legal text. Not legal advice."}