What is an Advance Healthcare Directive Oregon?

An Advance Directive is a legal-written document about your future medical care. It is a gift to family members and friends so that they won't have to guess what you want if you no longer can speak for yourself.

Does an attorney have to draft an advance directive in Oregon?

The procedure of creating advance directives is simple, you do not require an attorney though you may choose to consult one. However, an advance directive either it is written or oral needs to be witnessed by two individuals.

Who makes medical decisions if you are incapacitated in Oregon?

Under Oregon law, incapacity means when a physician declares that the individual can longer give informed consent. Any person may designate someone to make health care decisions on their behalf should they become incapacitated in Oregon.

What are the 2 major challenges with advance directives?

Advance directives have limitations. For example, an older adult may not fully understand treatment options or recognize the consequences of certain choices in the future. Sometimes, people change their minds after expressing advance directives and forget to inform others.

How do I get a medical power of attorney in Oregon?

It is the same as creating a document of Advance Directive. Firstly, choose Your Surrogate/Acting Agent, be specific on what decisions your Power of Attorney can make for you, and fill out your Oregon Medical Power of Attorney Form. Lastly, sign your document before subscribing to witnesses and a Notary Public.

Advance Directive Oregon

When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive.

An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed.

Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably.

In this article, you will get a complete guide for making an Advance Directive for Healthcare in Oregon. ‍

Legal Requirements for a valid Advance Directive

Written by the grantor (maker of Advance Directive): Yes
Grantor must be:

Above the age of 18 years: Yes
Sound mind and memory: Yes

Signed by the grantor: Yes
Signed by Proxy/Healthcare representative: Yes
Proxy/Healthcare representative accepts his role in writing: Yes
Witness required: Yes
Number of witnesses: 2
Signed by the witnesses: Yes
Number of documents required: 2 [Advance Directive Form + Organ Donation Form]
Other names for a Living Will in Oregon: Advance Directive Other names for a Healthcare Power of attorney in Oregon: Advance Directive
Healthcare representative can decide on mental health issues, sterilization, abortion, or withholding or withdrawing life-sustaining procedures: No

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Who can be your witnesses in the Oregon Advance Directive?

Anyone can be your witness in Oregon if;

He is an adult i.e., above 18 years of age, and
He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Note: Your witnesses cannot be:

Your Proxy/Agent/Healthcare Representative,
Your Alternate Proxy/Agent/Healthcare Representative,
Your Healthcare provider.

Who can be your Proxy/Healthcare Representative in the Oregon Advance Directive?

Anyone can be your Proxy/Healthcare Representative in Oregon if;

He is an adult i.e., above 18 years of age, and
He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Who cannot be your Healthcare Representative:

your supervising health care provider,
if you are receiving care at a community care facility/residential care facility then its operator, its administrator, or its employee.
if you are receiving care at a health care institution then its employee.

Unless*: that person is related to you by blood, marriage, or adoption.

However, your parent or former guardian cannot be appointed as your healthcare representative without a court order if you were an emancipated person who was removed from parent’s custody and your parent’s parental rights were terminated by the court (for any reason).

Other than the above legal requirements, the Proxy/Healthcare Representative should be:

Trustable to adhere to your wishes and intentions.
Trustable to defend you if there’s any disagreement about your medical care.
He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
He should not be your doctor or one of the caretakers.

Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.

Notarization required for Oregon Advance Directive?

You can either get an Advance Directive executed by signing the form in presence of the witnesses or get your signature notarized by signing an acknowledgment in front of the public notary.

Learn about the requirements of Oregon Last Will and Testament and Oregon Last Will and Testament Template.

When does an Advance Directive come into effect in Oregon?

In Oregon, an Advance Directive becomes legally valid but doesn’t come into effect on signing the form by the grantor, proxy, and witnesses.

An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your behalf and have become debilitated due to illness or injury.

However, the Section 2 of your Advance Directive i.e. appointment of a Health Care Representative to be effective, your health care representative (or alternate) must sign and date the acceptance section on page 8 of your document.

Note: Your Oregon Advance Directive will not be effective in any medical crisis or emergency. Ambulance and hospital emergency department personnel are required to provide cardiopulmonary resuscitation (CPR) unless they are given a separate directive that states otherwise.

How can an Advance Directive be revoked?

You can revoke or terminate your Oregon Advance Directive in the presence of witnesses at any time in any way to convey your intent to revoke the Advance Directive, for instance:

A written revocation,
An oral revocation, and
Tearing, burning, and obliterating or destroying the document in any other way.
Executing a new Advance Directive.

How to amend or change an Advance Directive?

You can make changes or amend your Advance Directive at any time in Oregon but once you have signed and witnessed it you have to complete a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.

Oregon rules for changing Marital status after making your Advance Directive

Divorce from the spouse will not make any effect on the validity of the Oregon Advance Directive unless the spouse was named as an agent in Section 2 (Appointment of a Healthcare Representative) of the Advance Directive form, the divorce or annulment of marriage or legal separation will revoke the Advance Directive with immediate effect.

If you prefer that no effect should be there on the Advance Directive after marriage or on divorce, you can reaffirm your health care representative’s appointment in writing.

Sections of the Oregon Advance Directive Form

Section 1: General Principles

This section of the Oregon Advance Directive form contains general provisions regarding what form allows you to, competency of the healthcare representative to make decisions, revocation, when your Advance Directive will be effective etc.

Section 2: Power of attorney for health care

You can fill this form out and provide all the details. The appointment of the Healthcare Proxy/Agent and his details will be filled along with the instructions for the Proxy/Agent to follow.

Oregon Advance Directive Sample Form

SECTION 2: APPOINTMENT OF HEALTH CARE PROXY

I choose the following person as my health care representative to make health care decisions for me if I can’t speak for myself. Name: _____________________ Relationship:_____________ Telephone numbers: (Home) _________________ (Work) _______________________ (Cell)_________________ Address: ___________________________________________ E-mail: ___________________________________________ I choose the following people to be my alternate health care representatives if my first choice is not available to make health care decisions for me or if I cancel the first health care representative’s appointment. First alternate health care representative: Name: ______________________ Relationship: ___________ Telephone numbers: (Home) _____________________ (Work) _______________________ (Cell)_________________ Address: ___________________________________________ E-mail: ___________________________________________ Second alternate health care representative: Name: ___________________ Relationship: __________ Telephone numbers: (Home) __________________________ (Work) _______________________ (Cell)_________________ Address: ___________________________________________ E-mail: ___________________________________________

Section 3: Individual’s Instructions (Living Will)

This section states your wishes regarding medical care when your doctor determines that either:

that you are terminally ill and to prolong artificially your life you would need artificial life-sustaining procedures or your death will occur with or without the use of life-sustaining procedures, or
that you are in a persistent vegetative state.

Oregon Advance Directive Sample Form

SECTION 3: LIVING WILL

There are three situations below for you to express your wishes. They will help you think about the kinds of life support decisions your health care representative could face.

For each, choose the one option that most closely fits your wishes.

a. Terminal Condition

This is what I want if:

• I have an illness that cannot be cured or reversed. AND

• My health care providers believe it will result in my death within six months, regardless of any treatments. Initial one option only.

___ I want to try all available treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis and breathing machines.

___ I want to try to sustain my life with artificial feeding and hydration with feeding tubes and IV fluids. I do not want other treatments to sustain my life, such as kidney dialysis and breathing machines. ___ I do not want treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis or breathing machines. I want to be kept comfortable and be allowed to die naturally. ___ I want my health care representative to decide for me, after talking with my health care providers and taking into account the things that matter to me.

I have expressed what matters to me in section B below.

…….

Section 4 (Page 8): Acceptance by the Healthcare Representative

Oregon After Death Sample Form

SECTION 4: ACCEPTANCE BY MY HEALTH CARE REPRESENTATIVE

I accept this appointment and agree to serve as health care representative. Health care representative:

Printed name:_______________ Signature or other verification of acceptance: ___________________ Date: _________

First alternate health care representative: Printed name: _______________ Signature or other verification of acceptance: ___________________ Date: _________

Second alternate health care representative: Printed name:_______________ Signature or other verification of acceptance:

Section 5: Execution

You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required.

Oregon Advance Directive Sample Form

SECTION 5 : EXECUTION

My signature: ___________________________ Date: __________

WITNESS COMPLETE EITHER A OR B WHEN YOU SIGN

A. NOTARY:

State of _________________ County of ________________ Signed or attested before me on ______________, 2 _____, by ____________.

_______________Notary Public — State of Oregon

B. WITNESS DECLARATION:

The person completing this form is personally known to me or has provided proof of identity, has signed or acknowledged the person’s signature on the document in my presence and appears to be not under duress and to understand the purpose and effect of this form. In addition, I am not the person’s health care representative or alternative health care representative, and I am not the person attending the health care provider.

Witness 1 Name (print): _________ Signature: __________________ Date: _________________

Witness 2 Name (print): ________ Signature: _________________ Date: _____________

Form 2 of the Oregon Advance Directive

Section 1: Donations of Organs at death

Oregon Advance Directive Sample Form

SECTION 1 : DONATIONS OF ORGANS AT DEATH

Initial the line next to the statement below that best reflects your wishes. You do not have to initial any of the statements.

If you do not initial any of the statements, your health care representative or other agent, or your family, may have the authority to make a gift of all or part of your body under Oregon law.

I do not want to make an organ or tissue donation and I do not want my health care representative or other agent or family to do so.

I have already signed a written agreement or donor card regarding organ and tissue donation with the following individual or institution:

Name of individual/institution:

Pursuant to Oregon law, I hereby give, effective on my death: Any needed organ or parts.

The following part or organs listed below:

For (initial one):

Any legally authorized purpose.

Transplant or therapeutic purposes only.

Declarant name: Declarant signature: _ , Date

Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records.

Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.

Frequently Asked Questions

Jennifer Mcgee

Parent to five young children. Estate Planning, Probate, and Family Law Attorney. Volunteer with Victim’s Advocates in the local sheriff's department...