Advance directives for health care give you the power to control your medical care even if you cannot speak for yourself. A living will is one type of advance directive, and it works together with other health care planning documents to express your wishes clearly.
Understanding advance directives helps you make confident decisions about treatment before a crisis occurs.
What Advance Directives Include
An advance directive is a legal document that communicates your health care preferences in advance. It usually includes two key components:
- Living will: States what medical treatments you do or do not want if you become unable to decide for yourself.
- Health care proxy or medical power of attorney: Names someone you trust to make decisions consistent with your wishes.
Together, these tools ensure that your medical care reflects your values. Without them, family members may have to make difficult choices without clear direction, and providers may rely on standard procedures rather than personal preference.
How a Living Will Works
A living will applies only while you are alive and unable to communicate. In Oklahoma, for the terms of the living will to apply two physicians must state you are either terminal, persistently unconscious, or have an end-state condition. If you are in one of these conditions, the living will allows you to state whether you want interventions such as ventilators, feeding tubes, or resuscitation attempts.
Doctors refer to your living will when determining treatment. It provides guidance and prevents confusion or disagreement among family members. Even when loved ones are present, having your instructions in writing removes doubt and ensures consistency with your personal beliefs.
Why You Should Have Both Documents
Many people believe a living will alone is enough. However, combining it with a health care proxy gives you the most protection.
The proxy acts as your voice for decisions the living will does not address. Medical care often involves unpredictable situations, and a trusted decision-maker can interpret your preferences as new information arises.
Both documents together make up a complete advance directive. The written plan provides clarity, and the appointed person adds flexibility and compassion.
Include a HIPAA Release for Full Access
Naming a health care proxy gives someone authority to make medical decisions, but that authority does not automatically grant them access to your private medical information.
Federal privacy rules under the Health Insurance Portability and Accountability Act (HIPAA) restrict what doctors and hospitals can share. Without written authorization, your chosen decision-maker may not be able to access the necessary information.
A HIPAA release resolves that issue. It authorizes your health care providers to share information with specific individuals you identify.
This document works alongside your living will and health care proxy to create a complete system for medical decision-making. When all three forms are in place, your representative can stay fully informed and act quickly in your best interest.
When to Create or Update Your Advance Directive
You should complete advance directives as soon as possible, regardless of age or health. Life is unpredictable, and planning early gives you peace of mind.
Major life changes, such as marriage, divorce, relocation, or a new medical diagnosis, are good times to review your documents.
Advance directives do not expire automatically, but hospitals and care facilities may request confirmation that they reflect your current wishes. Reviewing them every few years ensures accuracy and validity.
Attend an Educational Event!
We host educational events on an ongoing basis that cover all the most important aspects of the process. There is no charge, and you can see the dates and obtain registration information here: Oklahoma City estate planning events.
Since founding Parman & Easterday in 1985, Larry has led over 1,000 free, community-service education programs and helped more than 10,000 Oklahoma families go from putting off their estate plan to getting it done. His goal for every client is the same: to become the person their family calls "the one who took care of everything."
Larry is the author of three books: The Straight Shooter's Guide to Estate Planning; Estate Planning Basics; and Guiding Those Left Behind in Oklahoma. He served as Oklahoma's Secretary of State and Secretary of Commerce, and his firm is the only member of the American Academy of Estate Planning Attorneys in the state.
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