Oregon Advance Directive Form [PDF]

An advance directive in Oregon is a legal document that allows an individual (known as the principal) to plan for their future healthcare. It's an important tool for those who want to ensure their medical preferences are respected, especially in situations where they may not be able to communicate those wishes themselves.

The advance directive form typically includes a living will, where the principal outlines their preferences for end-of-life care. It also often consists of a durable power of attorney for healthcare (also known as the medical power of attorney), which appoints a trusted representative to make healthcare decisions on the principal's behalf, following their instructions.

Signing Requirements for Oregon Advance Health Care Directive

As stated in Section 127.515 (2) (b) of the Oregon Revised Statute, the following signing requirements must be met to make an advance directive legally valid:

However, if the principal is in a long-term care facility, one of the witnesses must be a designated individual qualified by the facility according to state rules.

There are specific restrictions that apply to these individuals and state that witnesses cannot be:

• The principal’s healthcare provider

• The principal’s appointed healthcare representative or alternate

Moreover, an advance directive signed by a resident of another state is valid in Oregon if it complies with the laws of Oregon, the resident’s home, or the state where the document was signed.

Oregon Advance Health Care Directive Revocation & Changing

An Oregon advance directive becomes effective when it’s signed by the principal and witnessed or notarized in accordance with Section 127.515.

According to Section 127.545, a principal can revoke their advance directive for health care at any time if they can express the intent to do so. Revocation becomes effective once the principal informs their doctor, health care provider, or representative about it.

A new advance directive automatically revokes any prior one unless stated otherwise. If the representative is the principal’s spouse and they file for divorce, the representative’s authority is paused unless the principal reappoints the spouse as their health care representative after the divorce is filed.

Additionally, if there’s inconsistency between documents, the most recently signed document generally takes precedence.

Additional Legal Considerations for Oregon Advance Health Care Directive

According to Section 127.540, in serious medical situations, an agent can’t approve treatments like shock therapy, brain surgery, sterilization, or abortion without special permission. They can only stop life-support if the person’s medical condition meets specific criteria, like terminal illness, or if an agent has been given clear authority to do so.

As stated in Section 127.565, a person cannot be forced to create a health care advance directive to get insurance or receive health care. Any discrimination act against a person based on whether or not they have an advance directive is strictly prohibited. Additionally, insurance premiums or rates cannot depend on the fact that you have or do not have an advance directive.

Section 127.625 specifies that if a health care provider refuses or cannot follow an advance directive or the agent’s decision, they must inform the representative. If there is a disagreement, the provider or representative should seek court help. If there are no disagreements, the representative should try to find another provider who will follow the directive.

How to Choose a Health Care Agent in Oregon

To choose an Oregon health care proxy, also known as a representative or agent, consider a person that you trust completely. Your representative should be someone reliable, capable of honoring your health care preferences and acting in your best interest. You can also appoint an alternate agent who can step in if your primary representative is unavailable.

Close family members or friends are often ideal, but some individuals are legally prohibited from serving as health care agents. For example, attending physicians, their employees, or anyone from a health care facility cannot serve as an agent unless they were appointed before admission.

What Happens if You Don’t Have an Advance Directive in Oregon?

Without an advance directive in Oregon, your family or loved ones will have to make important healthcare decisions for you without necessarily knowing your preferences. This unclarity can create confusion and uncertainty during an already stressful time.

That's why having an advance directive is an essential part of advance care planning—it provides clear instructions to your loved ones, helping them make decisions that align with your wishes.