Oklahoma Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Oklahoma who cannot decide: an agent, a guardian, or Oklahoma's default surrogate order. Runs in your browser; nothing is stored.

Oklahoma law checked against official sources on October 26, 2026.

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What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Oklahoma

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Oklahoma's default surrogate order

  1. General guardian of the person, or limited guardian with medical decision authority
  2. Health care proxy or alternate proxy the patient designated
  3. Attorney-in-fact under the Oklahoma Health Care Agent Act
  4. Spouse
  5. Adult children
  6. Parents
  7. Adult siblings
  8. Other adult relatives, in order of kinship
  9. Close friends who kept regular contact and know the patient's values (An affidavit of specific facts is prima facie evidence of close friendship)
What it covers
Lists who may make health care decisions for an adult who is persistently unconscious, incompetent or otherwise unable to communicate, using the life-sustaining treatment decision standard.
If more than one person is in the same group
If members of a class disagree, a majority of the class may decide. A provider or family member may ask the guardianship court to order a different decision.
Who decides the person cannot decide
Applies when the patient is persistently unconscious, incompetent or otherwise unable to communicate; the section does not say who determines that.
Limits
  • Before deciding, the person must sign a statement for the medical record that they have no conviction or finding for abuse, neglect or exploitation.
  • People with certain abuse or exploitation convictions, findings or pending charges are disqualified.

Source: 63 Okla. Stat. 3102.4 · Checked October 26, 2026

Law change: from July 1, 2027, Uniform Health Care Decisions Act of 2026 (HB 1687, Laws 2026, c. 286), 63 O.S. 3100.1 et seq.; section 33 repeals 3102.4 and 3102.5 replaces this list. From July 1, 2027, a default surrogate may decide for an adult who lacks capacity when no agent or guardian with health care authority is appointed or reasonably available. The new order starts with an adult the person identified, then spouse, then adult child or parent, then a cohabitant. If a class is evenly divided after other members are asked, the decision is made under other Oklahoma law.

Next steps

Who decides in Oklahoma without a power of attorney?

Oklahoma's default surrogate law (63 Okla. Stat. 3102.4) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse.

Oklahoma's default surrogate law in full

Oklahoma's default surrogate order

  1. General guardian of the person, or limited guardian with medical decision authority
  2. Health care proxy or alternate proxy the patient designated
  3. Attorney-in-fact under the Oklahoma Health Care Agent Act
  4. Spouse
  5. Adult children
  6. Parents
  7. Adult siblings
  8. Other adult relatives, in order of kinship
  9. Close friends who kept regular contact and know the patient's values (An affidavit of specific facts is prima facie evidence of close friendship)
What it covers
Lists who may make health care decisions for an adult who is persistently unconscious, incompetent or otherwise unable to communicate, using the life-sustaining treatment decision standard.
If more than one person is in the same group
If members of a class disagree, a majority of the class may decide. A provider or family member may ask the guardianship court to order a different decision.
Who decides the person cannot decide
Applies when the patient is persistently unconscious, incompetent or otherwise unable to communicate; the section does not say who determines that.
Limits
  • Before deciding, the person must sign a statement for the medical record that they have no conviction or finding for abuse, neglect or exploitation.
  • People with certain abuse or exploitation convictions, findings or pending charges are disqualified.

Source: 63 Okla. Stat. 3102.4 · Checked October 26, 2026

Law change: from July 1, 2027, Uniform Health Care Decisions Act of 2026 (HB 1687, Laws 2026, c. 286), 63 O.S. 3100.1 et seq.; section 33 repeals 3102.4 and 3102.5 replaces this list. From July 1, 2027, a default surrogate may decide for an adult who lacks capacity when no agent or guardian with health care authority is appointed or reasonably available. The new order starts with an adult the person identified, then spouse, then adult child or parent, then a cohabitant. If a class is evenly divided after other members are asked, the decision is made under other Oklahoma law.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Oklahoma if there is no power of attorney?

Oklahoma's default surrogate law (63 Okla. Stat. 3102.4) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse. The full order, tie rule and limits are in 63 Okla. Stat. 3102.4.

Does next of kin in Oklahoma have authority over money?

No default surrogate law covers money. In Oklahoma, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Oklahoma law checked against the official text on October 26, 2026.

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