A living will in Oregon, also known as an advance directive, is a legal document that outlines your preferences regarding medical treatment if you become incapacitated and unable to communicate your wishes. A living will ensures that medical professionals and loved ones respect and follow your healthcare decisions.
An advance directive allows you to specify the type of medical care you want or do not want. Among other decisions, the document may include decisions on life-sustaining treatment, resuscitation, and tube feeding. Such clarity about your preferences takes the pressure off your family members and medical personnel who may have to make such difficult decisions regarding your condition. A legally recognized Oregon living will takes away this possibility of dispute or confusion at that very moment.
The Oregon statutes provide specific guidelines and requirements for creating a valid advance directive to ensure it is legally enforceable. The primary legal requirements for an Oregon living will are outlined in ORS 127.505 to 127.660, known as the Oregon Advance Directive Act. This act stipulates that the individual must be an adult of sound mind at the time of the document’s execution. The advance directive must be in writing and signed by the principal or another person at the principal’s direction if the principal is unable to sign.
Oregon law mandates adherence to the following procedural requirements to ensure the validity of a living will:
When signing the document, these witnesses or the notary public must also confirm that the declarant is of sound mind and not under duress, fraud, or undue influence.
| Document Name | Oregon Living Will Form |
| State Form Name | Oregon Advance Directive for Health Care |
| Signing Requirements | Two Witnesses or Notary Public |
| Validity Requirements | ORS 127.515 |
| Powers Limitation | ORS 127.635 |
| State Laws: Oregon Revised Statutes, Sections 127.505 to 127.660 | |
Filling out the Oregon living will form, officially known as the Advance Directive for Health Care, involves documenting your health care preferences to guide decisions when you cannot express them yourself. Below, you’ll find detailed steps to complete this form correctly.
1. Personal Information
Start by filling out your personal information, which includes your full name, date of birth, contact details (home, work, cell phone numbers, and email), and home address. This section identifies you as the declarant of the advance directive.
2. Appointing Your Health Care Representative
Designate a primary health care representative who can make health care decisions if you are incapacitated. Include their full name, relationship to you, contact numbers, address, and email. It’s essential that this person agrees to act in this role and is informed about your health care preferences.
3. Appointing Alternate Representatives
If your primary representative is unavailable or unable to perform their duties, you should appoint one or more alternate representatives. Fill in the same details for each alternate: name, relationship, contact information, and address. Having alternates ensures there is someone available to make decisions for you.
4. Health Care Instructions
This section allows you to provide specific instructions about your health care in various medical scenarios, such as being in a terminal condition, having an advanced progressive illness, or being permanently unconscious. You must initial the option that best represents your wishes in each scenario. Be thorough in expressing any additional details about your care preferences.
5. Additional Personal Information
Use this optional section to share more about your life and values, which can guide your health care representative and providers in making decisions that align with your personal beliefs and preferences. This might include your family history, previous health care experiences, cultural background, and social support system.
6. Your Signature
Sign and date the form to validate it. Your signature confirms that you understand the contents of the directive and your expressed wishes.
7. Witness Verification
The document must be either notarized or signed by two witnesses who are not your health care representative, relatives, heirs, or directly involved in your medical care. Witnesses must verify that you are signing voluntarily and understand the document’s purpose.
8. Acceptance by Health Care Representative(s)
Each person named as a health care representative or alternate must sign and date the form, agreeing to accept the responsibility of acting on your behalf. This acceptance is crucial for the directive to be implemented.
