Have you thought about what would happen if you became terminally ill, brain dead or subject to a long term disease that rendered you unable to speak or make your decisions about medical care? Would you want a feeding tube or extraordinary medical measures used to extend life. The Oklahoma Advance Directive for Heath Care will allow you to make a choice. You need to make your choice, now, in advance of incapacity.
What about a DNR. A Do-Not-Resuscitate is a decision to not be brought back to life if your heart stops. According to Oklahoma Statue 63 O.S. § 3131.1, there is a presumption that every person has consented to be resuscitated in the event of cardiac or respiratory arrest. The only exceptions to this presumption are:
1) A competent person has informed a physician that the person wanted a Do-Not-Resuscitate (DNR) Order written;
2) An incompetent person’s representative (health care proxy, attorney-in-fact, or guardian) signs a DNR order;
3) The person, when competent, executed a DNR;
4) The person’s attending physician certifies that there is clear and convincing evidence of the person’s wishes not to be resuscitated.
5) And, an attending physician may give a DNR order in the belief that the person’s death in imminent.
To signify that a person wishes to have a DNR order given, the person can execute a DNR consent, wear a necklace, bracelet or carry a wallet card indicating the same. This law is designed for a person at the end of life and not the ordinary client.
I often represent the elderly and their families. Someone aged better think twice before refusing to sign a DNR. If their heart stops the paramedics, if there is not a DNR, are required by law to attempt to restart their heart. By the time CPR is done, there will likely be broken ribs and other injuries. The elderly individual will likely never breath again with pain for the remainder of their life. So it depends on the health of hte elderly person. If they are a young 95, then maybe they would want to be resuscitated.
Brent D. Coldiron is an experienced probate, living trust, and elder law attorney, He knows what to do. His fees are reasonable. Contact Brent at (405) 478-5655 or 737-2244. His website is http://coldironlaw.com.