Oklahoma Statutes
§ 43A-11-105 — Validity - Witnesses - Eligibility as attorney-in-
Oklahoma·Title 43A Mental Health
fact. 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.
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Legislative History
Added by Laws 1995, c. 251, § 5, eff. Nov. 1, 1995. Amended by Laws 2005, c. 150, § 72, emerg. eff. May 9, 2005.
Nearby Sections
15
§ 43A-1
Renumbered§ 43A-1-101
Short title.§ 43A-1-102
Purpose of law.§ 43A-1-103
Definitions.§ 43A-1-104
Public policy.§ 43A-1-105
Mental or legal incompetence - Presumptions.§ 43A-1-107
Venue of actions - Hearings.§ 43A-1-108
Habeas corpus - Notice - Evidence.§ 43A-1-109.1
Treatment advocates.§ 43A-1-110.1
Mental Health Transport Revolving Fund.§ 43A-10-101
Short title.§ 43A-10-102
Purpose.