Okla. Stat. tit. 43A, § 43A-11-104

A. Any capable person eighteen (18) years of age or older may

execute an advance directive for mental health treatment stating the

mental health treatment wishes of the person in the event the person

is determined to be incapable and mental health treatment is

determined to be necessary as provided by Section 10 of this act.

An advance directive for mental health treatment may include but is

not limited to consent to inpatient mental health treatment.

B. An advance directive for mental health treatment may be

executed by:

1. Executing a declaration; or

2. Appointing an attorney-in-fact; or

3. Both executing a declaration and appointing an attorney-in-

fact. If executed, the appointment of an attorney-in-fact shall be

attached to the declaration.

C. The Advance Directives for Mental Health Treatment Act:

1. Shall not affect the right of an individual to make

decisions about mental health treatment, so long as the individual

is capable; and

Oklahoma Statutes - Title 43A. Mental Health Page 237

2. Creates no presumption concerning the intention of an

individual who has revoked or has not executed an advance directive

for mental health treatment.

D. For the purpose of the Advance Directives for Mental Health

Treatment Act:

1. If a person is incapable at the time of a determination that

mental health treatment is necessary, an advance directive for

mental health treatment executed in accordance with the Advance

Directives for Mental Health Treatment Act is presumed to be valid;

and

2. A physician, psychologist or health care facility may

presume, in the absence of actual notice to the contrary, that a

person who executed an advance directive for mental health treatment

was of sound mind when the advance directive for mental health

treatment was executed.

E. A person shall not be required to execute or to refrain from

executing an advance directive for mental health treatment as a

criterion for insurance, as a condition for receiving mental or

physical health services, or as a condition of discharge from a

health care facility.

F. The fact that a person has executed an advance directive for

mental health treatment shall not constitute an indication of mental

incompetence.