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§ 11-105. Validity--Witnesses--Eligibility as attorney-in-fact

Oklahoma Statutes AnnotatedTitle 43A. Mental Health

Oklahoma Statutes Annotated
Title 43a. Mental Health (Refs & Annos)
Chapter 1. Mental Health Law of 1986 (Refs & Annos)
Advance Directives for Mental Health Treatment Act (Refs & Annos)
43A Okl.St.Ann. § 11-105
§ 11-105. Validity--Witnesses--Eligibility as attorney-in-fact
Currentness
A. An advance directive for mental health treatment is valid only if it is signed by the declarant and two capable witnesses eighteen (18) years of age or older. The witnesses shall attest that the declarant:
1. Is known to them;
2. Signed the advance directive for mental health treatment in their presence;
3. Appears to be capable; and
4. Is not acting under duress, fraud or undue influence.
B. None of the following persons shall be eligible to serve as attorney-in-fact to the signing of an advance directive for mental health treatment:
1. The attending physician or psychologist or an employee of the physician or psychologist; or
2. An owner, operator or employee of a health care facility in which the declarant is a consumer or resident.

Credits

Laws 1995, c. 251, § 5, eff. Nov. 1, 1995; Laws 2005, c. 150, § 72, emerg. eff. May 9, 2005.
43A Okl. St. Ann. § 11-105, OK ST T. 43A § 11-105
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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