How to Revoke a Living Will in Oklahoma

Oklahoma makes revoking a living will deliberately easy — the law protects your right to change your mind at any time, under any circumstances. But easy does not mean automatic. If you revoke incorrectly, your old directive might still be followed in a medical emergency because your physician never learned about the change.

Three Methods of Revocation

Under 63 O.S. § 3101.6, you can revoke an advance directive at any time, in any manner, regardless of your mental or physical condition. Oklahoma recognizes three methods:

1. Physical destruction. Tear up, shred, burn, or otherwise destroy the original document. This is the most definitive method — no one can follow a directive that no longer physically exists.

2. Written revocation. Write and sign a statement declaring that you revoke your advance directive. The written revocation does not need to follow any specific format — a handwritten note is legally sufficient. Date it to establish when the revocation occurred.

3. Verbal declaration. Tell your attending physician or any health care provider directly that you revoke your directive. The provider is then legally required to document the revocation in your medical record.

The Critical Step Most People Skip

Regardless of which method you use, the revocation only works in practice if your attending physician knows about it. This is the step that creates real problems.

If you destroy your copy at home but your physician's office still has a copy in your medical file, doctors may follow the old directive in an emergency. If you verbally revoke but the on-call physician at the hospital never gets the message, the old instructions may be followed.

After revoking, take these steps:

1. Notify your physician in writing and ask them to note the revocation in your medical record
2. Retrieve or destroy all distributed copies — from your proxy, alternate proxy, hospital, attorney, and family members
3. Notify your named proxy that they no longer have authority under the revoked directive
4. Execute a new directive if your wishes have changed (rather than simply revoking without replacement)

No Capacity Requirement

Oklahoma law is unusually protective here: you can revoke your advance directive regardless of your mental or physical condition. Even if you would not meet the legal standard to execute a new directive, you retain the right to revoke an existing one.

This means a patient who has been formally declared incapacitated can still verbally revoke their advance directive by telling their physician. The revocation takes effect immediately upon communication.

Partial Revocation

You do not have to revoke the entire document. If you want to change your living will preferences but keep your proxy designation (or vice versa), you can:

• Execute a new advance directive that supersedes only the sections you want to change
• Write a partial revocation specifying which sections are revoked

However, partial revocations can create confusion in emergency situations. The cleaner approach is to revoke the old directive entirely and execute a complete new one reflecting your current wishes.

When to Update Instead of Revoke

Consider revoking and replacing your advance directive when:

• You get married, divorced, or your spouse dies (especially if your spouse was your named proxy)
• Your named proxy moves away, becomes incapacitated, or you lose trust in their judgment
• Your health condition changes and your treatment preferences evolve
• You move to Oklahoma from another state (out-of-state directives may not meet Oklahoma's statutory requirements)
• Oklahoma law changes in ways that affect your directive

The Oklahoma Advance Directive & Living Will Kit includes revocation templates and a distribution tracking checklist to ensure every copy of a revoked directive is accounted for and destroyed.

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