THE OKLAHOMA BAR JOURNAL 20 | 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. ABOUT THE AUTHOR Corinne Taylor-Davis is the founder of Rosetta Law, the plain language law firm. Ms. TaylorDavis’ practice focuses on approachable estate planning and small business counsel. She is passionate about helping her clients understand their options and develop pragmatic solutions in language everyone understands. Ms. Taylor-Davis received her law degree from Suffolk University Law School and her business degree from Southern New Hampshire University. ENDNOTES 1. See 63 O.S. §§3111.1-13 (Oklahoma Health Care Agent Act). 2. See 63 O.S. §3111.5. 3. See 63 O.S. §3101.4(B). 4. POLSTs (physician orders for life-sustaining treatment) and DNRs (do-not-resuscitate) are medical orders that may only be drafted by physicians. See 63 O.S. §§3105.1-5 (Physician Orders for Life-Sustaining Treatment Act); 63 O.S. §§3131.1-14 (Oklahoma Do-Not-Resuscitate Act). As this article’s focus is on how attorneys can assist clients, the author has chosen not to further expound on these forms. 5. See 63 O.S. §§3101.1-3102A (Oklahoma Advance Directive Act). 6. See 63 O.S. §3111.5 (power of attorney for health care form); 63 O.S. §3101.4 (advance directive form and procedures). 7. Radhika Chalasani, “A Look Back: The Terri Schiavo Case,” www.cbsnews.com, March 31, 2016, https://bit.ly/4qjtvMm. 8. See 63 O.S. §3080.3; 63 O.S. §3080.4. 9. See 63 O.S. §3111.5. 10. The HPOA form names a health care “Agent,” whereas the advance directive form names a “Health Care Proxy.” The author combines these sections, substantially following the advance directive form and including agent obligations. 11. See 63 O.S. §3111.3; 63 O.S. §3101.4. Individuals under the age of 18 may create HPOAs and advance directives in certain circumstances. See 63 O.S. §2602. 12. See 63 O.S. §3111.3; 63 O.S. §3101.4. 13. Id. 14. See 63 O.S. §3111.3(B). 15. See 63 O.S. §3111.3(C). 16. See 63 O.S. §3111.4. 17. See 63 O.S. §3101.4. 18. See 63 O.S. §3101.6. 19. In re Guardianship of Moe, 81 Mass. App. Ct. 136, 960 N.E.2d 350 (Mass. App. Ct. 2012) (guardian sought to end pregnancy against the wishes of schizophrenic principal, held in violation of due process). 20. See 63 O.S. §3101.11. 21. For additional examples of how HPOAs and advance directives may involve elder abuse, see Lori Stiegel, “Legal Issues Related to Elder Abuse, A Pocket Guide for Law Enforcement,” American Bar Association Commission on Law and Aging, 2014, https://bit.ly/46uSllf. 22. American Bar Association Commission on Law and Aging American Psychological Association, Assessment of Older Adults with Diminished Capacities: A Handbook for Lawyers, 2021, https://bit.ly/3ZKFRCm. 23. Compassion & Choices, “Dementia Values and Priorities Tool,” 2025, https://bit.ly/4tfqgbz. 24. See 63 O.S. §43A-11-106. 25. Mamta Bhatnagar and Keith R. Lagnese, “Hospice Care,” PubMed, StatPearls Publishing, March 13, 2023, https://bit.ly/4koZvxq. 26. Becca Longmire, “Son of Georgia Woman Who Gave Birth While Brain Dead Is ‘Making Progress’ in the Hospital, Says Family,” People, 2025, https://bit.ly/4qlMjL5. 27. Obergefell v. Hodges, 576 U.S. 644 (2015). 28. Davis v. Ermold, cert. denied, No. 25-125 (U.S. Nov. 10, 2025).
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