Authority of agent. A. A person with capacity may give an oral or written individual instruction. The instruction may be limited to take effect only if a specified condition arises. B. A person with capacity may execute a power of attorney for health care, which may authorize the agent to make any health care decision the principal could have made while having capacity other than the withholding or withdrawal of life-sustaining treatment, nutrition, or hydration, which may only be authorized in compliance with the Oklahoma Advance Directive Act; provided, however, the power of attorney for health care may authorize the agent to sign a do-not-resuscitate consent in accordance with the provisions of the Oklahoma Do-Not-Resuscitate Act, Section 3131.1 et seq. of Title 63 of the Oklahoma Statutes. The power shall be in writing and signed by the principal. The power remains in effect notwithstanding the principal’s later incapacity and may include individual instructions. Unless related to the principal by blood, marriage, or adoption, an agent may not be an owner, operator, or employee of a residential long-term health care institution at which the principal is receiving care. C. Unless otherwise specified in a power of attorney for health care, the authority of an agent becomes effective only upon a determination that the principal lacks capacity and ceases to be effective upon a determination that the principal has recovered capacity. D. Unless otherwise specified in a power of attorney for health care, a determination that an individual lacks or has recovered capacity, or that another condition exists that affects an individual instruction or the authority of an agent, shall be made by the attending physician. E. An agent shall make health care decisions in accordance with the principal’s individual instructions, if any, and other wishes to the extent known to the agent. Otherwise, the agent shall make the decision in accordance with the agent’s determination of the principal’s best interest. In determining the principal’s best interest, the agent shall consider the principal’s personal values to the extent known to the agent. F. A health care decision made by an agent for a principal is effective without judicial approval. G. A power of attorney for health care shall be signed by the principal in the presence of a notary public or witnessed by two (2) individuals who are at least eighteen (18) years of age and who are not legatees, devisees, or heirs at law of the principal. H. A power of attorney for health care is valid for purposes of this act if it is in substantial compliance with this act, regardless of when or where executed or communicated.
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