{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-11-107","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-11-107","heading":"When advance directive becomes operative - Contrary or","body":"conflicting instructions given by attorney-in-fact.\n\nA. The wishes of a declarant, at all times while the declarant\n\nis capable, shall supersede the effect of an advance directive for\n\nmental health treatment.\n\nB. An advance directive for mental health treatment shall\n\nbecome operative when:\n\n1. It is delivered to the declarant's physician or\n\npsychologist; and\n\n2. The declarant is certified to be incapable and to require\n\nmental health treatment as provided by Section 11-110 of this title.\n\nC. An advance directive for mental health treatment remains\n\nvalid until:\n\n1. Revoked, expired or superseded by a subsequent advance\n\ndirective for mental health treatment; or\n\n2. Superseded by a court order.\n\nD. A court order shall supersede an advance directive for\n\nmental health treatment in all circumstances.\n\nE. Mental health treatment instructions contained in a\n\ndeclaration executed in accordance with this act shall supersede any\n\ncontrary or conflicting instructions given by an attorney-in-fact\n\nspecifically for mental health treatment decisions unless the\n\nauthority given to the attorney-in-fact in the advance directive for\n\nmental health treatment expressly provides otherwise.\n\nF. Except as provided by subsection E of this section, in the\n\nevent that more than one valid advance directive for mental health\n\ntreatment has been executed and not revoked, the last advance\n\ndirective for mental health treatment executed shall be construed to\n\nbe the mental health treatment wishes of the declarant and shall\n\nbecome operative as provided by subsection B of this section.\n\nG. In the absence of an advance directive for mental health\n\ntreatment, the powers vested in a guardianship of the person, or\n\ngrant of general health care decision-making authority or\n\ndesignation of health care proxy contained in an advance directive\n\nfor health care or durable power of attorney with health care\n\ndecision-making authority shall be deemed to include mental health\n\ntreatment.","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":"90d4cb19ccb1906f5df5cbd91a60763524122d397abb0a05762c525c33fdfcc0","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-11-106","next":"us-ok/okla.-stat.-tit.-43a-43a-11-108"},"notice":"GroundRules: Original legal text. Not legal advice."}