THE OKLAHOMA BAR JOURNAL 14 | MARCH 2026 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Health Law Modern Legal Considerations for Medical and End-of-Life Care in Oklahoma By Corinne Taylor-Davis COMMON HEALTH CARE PLANNING DOCUMENTS Health Care Powers of Attorney (HPOAs) Health care powers of attorney (aka medical powers of attorney, medical proxies or HPOAs) are legal documents in which a person (known as the “principal”) names a trusted third party as a medical decision-maker on their behalf (their “health care agent” or “medical proxy”).1 HPOAs can be as simple as just naming a health care agent, or they can be multiple pages long with specific directions and limitations about the type of medical care a principal would and would not wish to receive. Often written as part of a broad estate plan, HPOAs may also be individually drafted in preparation for surgery requiring anesthesia, when declining health makes planning future medical care a priority or when a person with fluctuating physical or mental health desires a third party to step in immediately during future times of instability. Importantly, an HPOA lacks the authority to enforce end-oflife decision-making2 – this can only be addressed by an advance directive.3 It should also be noted that while an HPOA may request that any DNR (do-not-resuscitate) issued be respected, an HPOA itself cannot stop emergency medical professionals from resuscitation efforts – only medical orders, such as DNRs and physician orders for life-sustaining treatments (POLST), can be used for this purpose.4 Consequently, it’s very important for practitioners to ensure we fully understand the exact needs our clients have in order to draft and advise upon the documents necessary to affect their wishes. ATTORNEYS DRAFTING ESTATE PLANS AND PRE-SURGERY DOCUMENTS have multiple options for ensuring a client’s wishes are followed in the case of incapacitation. Understanding the key differences between these options is necessary when helping our clients access the future health care they desire. Notably, Oklahoma’s statutory health care power of attorney form does not provide for critical end-of-life decision-making without a separate advance directive. Additional provisions may also need to be included to counteract or enforce other important choices. Further, as medical care becomes progressively complex as our clients age and experience dementia, mental illness and/or access issues, it is becoming increasingly necessary that attorneys customize bare-bones statutory documents. This article explains Oklahoma-specific issues related to common legal health care documents and how attorneys can use advanced provisions to fully address the concerns of each unique client.
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