Okla. Stat. tit. 43A, § 43A-11-107
This is the official text of Okla. Stat. tit. 43A, § 43A-11-107, part of Oklahoma’s Stat. tit. 43A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43A,." Browse the sections below, each linked to its official government source.
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When advance directive becomes operative - Contrary or
Official statutory text
conflicting instructions given by attorney-in-fact.
Oklahoma Statutes - Title 43A. Mental Health Page 241
A. The wishes of a declarant, at all times while the declarant
is capable, shall supersede the effect of an advance directive for
mental health treatment.
B. An advance directive for mental health treatment shall
become operative when:
1. It is delivered to the declarant's physician or
psychologist; and
2. The declarant is certified to be incapable and to require
mental health treatment as provided by Section 11-110 of this title.
C. An advance directive for mental health treatment remains
valid until:
1. Revoked, expired or superseded by a subsequent advance
directive for mental health treatment; or
2. Superseded by a court order.
D. A court order shall supersede an advance directive for
mental health treatment in all circumstances.
E. Mental health treatment instructions contained in a
declaration executed in accordance with this act shall supersede any
contrary or conflicting instructions given by an attorney-in-fact
specifically for mental health treatment decisions unless the
authority given to the attorney-in-fact in the advance directive for
mental health treatment expressly provides otherwise.
F. Except as provided by subsection E of this section, in the
event that more than one valid advance directive for mental health
treatment has been executed and not revoked, the last advance
directive for mental health treatment executed shall be construed to
be the mental health treatment wishes of the declarant and shall
become operative as provided by subsection B of this section.
G. In the absence of an advance directive for mental health
treatment, the powers vested in a guardianship of the person, or
grant of general health care decision-making authority or
designation of health care proxy contained in an advance directive
for health care or durable power of attorney with health care
decision-making authority shall be deemed to include mental health
treatment.
Oklahoma Statutes - Title 43A. Mental Health Page 241
A. The wishes of a declarant, at all times while the declarant
is capable, shall supersede the effect of an advance directive for
mental health treatment.
B. An advance directive for mental health treatment shall
become operative when:
1. It is delivered to the declarant's physician or
psychologist; and
2. The declarant is certified to be incapable and to require
mental health treatment as provided by Section 11-110 of this title.
C. An advance directive for mental health treatment remains
valid until:
1. Revoked, expired or superseded by a subsequent advance
directive for mental health treatment; or
2. Superseded by a court order.
D. A court order shall supersede an advance directive for
mental health treatment in all circumstances.
E. Mental health treatment instructions contained in a
declaration executed in accordance with this act shall supersede any
contrary or conflicting instructions given by an attorney-in-fact
specifically for mental health treatment decisions unless the
authority given to the attorney-in-fact in the advance directive for
mental health treatment expressly provides otherwise.
F. Except as provided by subsection E of this section, in the
event that more than one valid advance directive for mental health
treatment has been executed and not revoked, the last advance
directive for mental health treatment executed shall be construed to
be the mental health treatment wishes of the declarant and shall
become operative as provided by subsection B of this section.
G. In the absence of an advance directive for mental health
treatment, the powers vested in a guardianship of the person, or
grant of general health care decision-making authority or
designation of health care proxy contained in an advance directive
for health care or durable power of attorney with health care
decision-making authority shall be deemed to include mental health
treatment.
Status: in_force · Read it on the official government site
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