{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-3102.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-3102.4","heading":"Classes and priorities for persons authorized to make","body":"health care decisions for those incapable of communicating.\n\nA. When an adult patient or a person under eighteen (18) years\n\nof age who may consent to have services provided by health\n\nprofessionals under Section 2602 of this title is persistently\n\nunconscious, incompetent or otherwise mentally or physically\n\nincapable of communicating, a person who is reasonably available and\n\nwilling in the following classes, in the order of priority set forth\n\nin this subsection, shall be authorized to make health care\n\ndecisions for the patient under the same standard as that applicable\n\nto making life-sustaining treatment decisions under Section 3101.16\n\nof this title, excluding any person who is disqualified from\n\nexercising such authority by Section 3102.5 of this title. If those\n\nwithin a class disagree, a majority within the class may make a\n\nhealth care decision for the patient. However, a provider of health\n\ncare to the patient or any member or members of any of the following\n\nclasses may petition a court that would have jurisdiction over a\n\nguardianship proceeding concerning the patient under Section 1-115\n\nof Title 30 of the Oklahoma Statutes to seek an order directing a\n\ndifferent health care decision on the ground that the health care\n\ndecision or decisions made violate the standard required by this\n\nsection, granting another member or other members from among the\n\nfollowing classes (notwithstanding the statutory order of priority)\n\nsupervening authority to make health care decisions for the patient\n\non the ground that clear and convincing evidence demonstrates they\n\nare more likely to adhere to that standard, or both. Upon motion by\n\nany party, the court shall issue an order requiring that pending its\n\ndecision on the merits and the resolution of any appeal the patient\n\nbe provided with health care of which denial, in reasonable medical\n\njudgment, would be likely to result in or hasten the death of the\n\npatient, unless its provision would require denial of the same\n\nhealth care to another patient. The classes are as follows:\n\n1. A general guardian of the person appointed pursuant to\n\nsubsection A of Section 3-112 of Title 30 of the Oklahoma Statutes\n\nor a limited guardian of the person appointed pursuant to subsection\n\nB of Section 3-112 of Title 30 of the Oklahoma Statutes with\n\nauthority to make personal medical decisions as determined under\n\nparagraph 5 of subsection B of Section 3-113 of Title 30 of the\n\nOklahoma Statutes;\n\n2. A health care proxy, or alternate health care proxy,\n\ndesignated by the patient, as defined in paragraph 6 of Section\n\n3101.3 of Title 63 of the Oklahoma Statutes;\n\n3. An attorney-in-fact authorized to act pursuant to the\n\nOklahoma Health Care Agent Act, with authority to act regarding the\n\npatient's health and medical care decisions, subject to the\n\nlimitations under the Oklahoma Health Care Agent Act;\n\n4. The patient's spouse;\n\n5. Adult children of the patient;\n\n6. Parents of the patient;\n\n7. Adult siblings;\n\n8. Other adult relatives of the patient in order of kinship; or\n\n9. Close friends of the patient who have maintained regular\n\ncontact with the patient sufficient to be familiar with the\n\npatient's personal values. Execution of an affidavit stating\n\nspecific facts and circumstances documenting such contact\n\nconstitutes prima facie evidence of close friendship.\n\nB. Prior to making a health care decision for a patient\n\npursuant to subsection A of this section, a person shall provide to\n\nthe health care provider or health care entity a signed copy of the\n\nfollowing statement to be entered into the patient's medical record:\n\n\"I hereby certify that:\n\nI have not been convicted of, pleaded guilty to or pleaded no\n\ncontest to the crimes of abuse, verbal abuse, neglect or financial\n\nexploitation by a caregiver; exploitation of an elderly person or\nr health care entity a signed copy of the\n\nfollowing statement to be entered into the patient's medical record:\n\n\"I hereby certify that:\n\nI have not been convicted of, pleaded guilty to or pleaded no\n\ncontest to the crimes of abuse, verbal abuse, neglect or financial\n\nexploitation by a caregiver; exploitation of an elderly person or\n\ndisabled adult; or abuse, neglect, exploitation or sexual abuse of a\n\nchild;\n\nI have not been found to have committed abuse, verbal abuse or\n\nexploitation by a final investigative finding of the State\n\nDepartment of Health or Department of Human Services or by a finding\n\nof an administrative law judge, unless it was overturned on appeal;\n\nand\n\nI have not been criminally charged as a person responsible for\n\nthe care of a vulnerable adult with a crime resulting in the death\n\nor near death of a vulnerable adult.\"","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"14461fa96caec137fb202ac79af25e13624c4c39eb0a530eb7a43577912f696c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-3102.3","next":"us-ok/okla.-stat.-tit.-63-63-3102.5"},"notice":"GroundRules: Original legal text. Not legal advice."}