Updated Form Available

(Oklahoma City – May 22, 2006) Dealing with the impending death of a loved one is hard enough without end-of-life decisions creating additional stress. A change to the Oklahoma advance directive form was signed into law this week by Gov. Henry, giving people more options when sharing their wishes for the moments leading up to their deaths.

Oklahoma residents interested in signing the new form may download it from the Oklahoma Bar Association Web site, or may call the bar association at (405) 416-7000 to get a free copy by mail. The association also makes available a list of frequently asked questions about the form.

The new form provides Oklahomans more specific options to express their personal, individual wishes for the provision or refusal of life-sustaining treatment including artificially administered food and water. Individuals may now designate in advance that, if they are diagnosed with an “end-stage” condition, they do not want life-sustaining treatment including artificial administration of food and water.

End-stage condition is defined as a condition caused by injury, disease or illness which results in severe and permanent deterioration indicated by incompetency and physical dependency for which treatment is medically ineffective. For example, Alzheimer’s disease in its late stages is an end-stage condition. Previously, individuals could only designate such refusal of life-sustaining treatment, if they were diagnosed with a terminal condition or were persistently unconscious.

OBA Section Chairperson Susan Shields said, “Oklahomans who have already signed an older version of the form should consider completing a new one. Older forms are still valid and legal; however, additional and broader options are authorized under the new law that clients may wish to take advantage of.”

An advance directive can be revoked at any time. A new advance directive must be signed by two adult witnesses who are not heirs of the signor and does not need to be notarized.

The advance directive form contains three sections in which a person can make end-of-life elections. Section one is the living will, which deals with a patient’s choice to withdraw artificial life support if he or she becomes terminally ill, persistently unconscious or has an end-stage condition. Individuals can separately indicate in the living will if they want artificial administration of food and water under these circumstances. Section two allows the signor to appoint a “health care proxy,” which authorizes a third party to make life-sustaining treatment decisions on one’s behalf. Section three deals with organ donation.

Legislation that became SB 1624 was authored by Senators Todd Lamb, Debbie Leftwich, Cliff Aldridge and Rep. Terry Ingmire after state Attorney General Drew Edmondson issued an opinion last month saying the living-will statue was unconstitutional to the extent it limited a person’s right to refuse treatment. Gov. Henry signed the bill Wednesday [May 17], and it became effective immediately.

The 15,000-member Oklahoma Bar Association, headquartered in Oklahoma City, was created by the Oklahoma Supreme Court to advance the administration of justice and to foster and maintain learning, integrity, competence, public service and high standards of conduct among Oklahoma's legal community.