THE OKLAHOMA BAR JOURNAL 18 | 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. PERSONALIZED HPOA AND ADVANCE DIRECTIVE PROVISIONS HPOAs and advance directives both include sections where a principal can provide additional limitations or directions to their agent. This often-ignored space is an important aspect of medical planning, not only legally speaking but also from an emotional standpoint. It is in this space where an attorney can help their client feel truly heard and in control of their future. The following are some advanced provisions to consider including. Dementia Provisions While the statutory advanced directive addresses ending lifesaving measures if a principal is experiencing “an end-stage condition ... which results in severe and permanent ... incompetency” because dementia and Alzheimer’s disease are fluctuating conditions, specific language can help ensure a principal’s wishes are properly affected. Dementia/Alzheimer’s provisions can be simple, or they can be extremely detailed. A simple provision could look similar to the following: If I am in an advanced stage of dementia, and I do not have the quality of life that my agent believes I would want, I request that no lifesaving treatment be given. I wish to be given comfort care only (including but not limited to sedation when appropriate). My agent should be given all options available to aid in a peaceful death. Compassion & Choices’ dementia advance directive23 (excerpt below) is a great resource for families seeking to dig in and make a specific plan for a wide range of dementia-related issues: Live as Long as Possible Treat Me but Not Aggressively Allow a Natural Death If my physician or health care provider has determined my dementia has progressed to advanced or late stage, then I want If I require around-the-clock (24 hour) assistance and supervision, then I want If I no longer recognize my loved ones, then I want If I am unable to walk or move safely without assistance from a caregiver, then I want If I am unable to bathe and clean myself without assistance from a caregiver, then I want If I am unable to remain at home and have to live in a nursing facility, then I want If I no longer have control of my bladder (urinary incontinence) or bowels (bowel or fecal incontinence), then I want If I am no longer aware of my surroundings (where I am, the date/year, who is with me), then I want If I am unable to clearly communicate my thoughts or needs (words and phrases do not make sense), then I want Advance Directive for Mental Health Treatment Principals who experience fluctuating mental illness and wish to be proactive instead of risking arrest and/or involuntary commitment should consider completing an advance directive for mental health treatment. Similar to a standard advance directive, the mental health advance directive allows for a principal to choose a trusted agent to assist them in seeking mental health care when in a state of diminished capacity and
RkJQdWJsaXNoZXIy OTk3MQ==