Attorney-Verified Oregon Living Will Template

What is an Oregon Living Will?

An Oregon Living Will, also known as an Advance Directive, is a legal document that allows individuals to state their wishes about medical treatment in the event that they become incapable of making decisions themselves. It provides a way for people to communicate their preferences about end-of-life care, including life-sustaining treatments they would or would not want to receive.

Who should have an Oregon Living Will?

Any adult in Oregon who wants to have control over their medical treatment in case they become seriously ill or incapacitated should consider creating a Living Will. It's especially important for those with strong preferences about their healthcare or those with severe medical conditions to prepare this document.

How do I create an Oregon Living Will?

To create an Oregon Living Will, you must fill out the official Advance Directive form. This form should be completed thoughtfully, reflecting your beliefs and wishes regarding end-of-life care. Once filled out, it needs to be signed in front of two witnesses who meet certain requirements, or a notary public. The witnesses cannot be related to you, entitled to any part of your estate, or directly responsible for your medical care.

Is a lawyer required to make an Oregon Living Will?

No, a lawyer is not required to create an Oregon Living Will. However, consulting with a lawyer can be beneficial in ensuring that all expressions of your wishes are legally valid and clear. An experienced attorney can provide guidance on how to structure your document to accurately reflect your healthcare preferences.

What should I do with my completed Oregon Living Will?

Once your Oregon Living Will is completed and signed, you should keep the original document in a safe place. Inform family members or close friends about it and consider giving copies to your healthcare provider, your attorney, and anyone else who might be involved in making medical decisions on your behalf.

Can I change or revoke my Oregon Living Will?

Yes, you can change or revoke your Oregon Living Will at any time, as long as you are mentally competent. To make changes, you can complete a new Living Will form, which will replace any previous versions. To revoke it, you can destroy the document, write a statement of revocation, or verbally inform your healthcare provider of your wishes to cancel the directive.

What happens if I don't have an Oregon Living Will?

If you become incapacitated and don't have an Oregon Living Will, decisions about your healthcare will typically be made by your closest relatives or a court-appointed guardian. This may result in decisions that do not align with your wishes. Creating a Living Will helps ensure that your healthcare preferences are known and respected, even when you can't communicate them yourself.

When it comes to preparing for the future, an Oregon Living Will is a critical document that allows individuals to express their wishes regarding medical treatment in case they become unable to communicate those desires themselves. However, despite its importance, many people make errors when filling out this form. These mistakes can range from minor oversights to significant errors that might render their directives unclear or even unenforceable. Here, we outline nine common errors to avoid for those looking to complete their Oregon Living Will accurately.

1. Not following witnessing requirements- Oregon law has specific requirements about witnessing the signing of a Living Will. Two adults must witness the individual’s signature. This process is often misunderstood or overlooked, which could lead to questions about the document's validity.

2. Failing to discuss wishes with the appointed health care representative- Selecting a health care representative is a crucial step in the Living Will process. However, many people fail to have an in-depth conversation with their chosen representative about their medical wishes, leading to confusion or conflict when the document comes into play.

3. Using vague language- Ambiguity in a Living Will can create significant problems. It’s essential that individuals use clear and specific language to describe their health care preferences to avoid leaving their care up to interpretation.

4. Failing to update the document- Over time, people’s medical wishes can change. However, many fail to update their Living Will to reflect these changes. This oversight can result in a document that no longer represents the individual's current desires.

5. Not specifying preferences for different medical scenarios- A Living Will should account for various medical situations. Without detailing preferences for different circumstances, individuals risk not having their wishes followed in specific instances.

6. Overlooking state-specific requirements- Each state, including Oregon, has its own set of laws pertaining to Living Wills. A common mistake is assuming that all states have identical requirements, which may result in an Oregon Living Will that does not comply with state laws.

7. Improper document storage- Storing a Living Will in a safe but inaccessible place can be as problematic as not having one at all. If healthcare providers and the appointed representative cannot access the document when needed, the individual’s wishes may not be honored.

8. Not providing copies to the right people- Even with a well-written Living Will, failing to distribute copies to healthcare providers, the appointed health care representative, and close family members can create obstacles in emergency situations.

9. Assuming a Living Will is enough for all decisions- A Living Will is only one part of advance health care planning. Many people mistakenly believe it covers all aspects of health care decisions. It’s important to understand that other documents, like a durable power of attorney for health care, may also be necessary.

Preventing these mistakes requires careful attention to detail, a clear understanding of one’s wishes, and open communication with involved parties. By avoiding these common errors, individuals can ensure their Oregon Living Will effectively communicates their wishes, providing peace of mind for themselves and their families.

When preparing for future medical care in Oregon, many individuals consider setting up a Living Will to specify their healthcare wishes in the event they are unable to communicate these decisions themselves. However, a comprehensive approach often involves more documents than just a Living Will. Understanding each document and its purpose can provide a clearer roadmap for personal healthcare planning. Below is a brief overview of up to 10 other forms and documents that are commonly used alongside an Oregon Living Will.

• Advance Directive - Combines a Living Will and power of attorney for healthcare into one document. It allows you to state your healthcare wishes and appoint someone to make decisions on your behalf if you are unable.
• Durable Power of Attorney for Healthcare - Designates a person (agent) to make healthcare decisions on your behalf if you become incapacitated. It’s included in an Advance Directive but can also stand alone.
• Physician Orders for Life-Sustaining Treatment (POLST) - A doctor's order that outlines your wishes for life-sustaining medical treatment. It is often used for terminally ill patients.
• Do Not Resuscitate Order (DNR) - A medical order indicating that you do not want CPR if your heart stops or if you stop breathing. This is usually for people with serious illnesses or at the end of life.
• Organ Donor Registry Form - This form allows you to register as an organ and tissue donor in Oregon. Your decision to donate can also be noted in your Advance Directive.
• Post-mortem Wishes Document - Specifies your wishes regarding autopsy, body donation for scientific research, or how you would like your remains to be handled after death.
• Financial Power of Attorney - Appoints someone to manage your financial affairs if you are unable to do so yourself. This document is crucial for comprehensive estate planning but does not cover healthcare decisions.
• Will or Testament - Dictates how you want your property and assets distributed after your death. This legal document is essential for estate planning.
• HIPAA Release Form - This form allows you to designate who can receive your protected health information. It ensures that your healthcare proxy or family members can access your medical records if necessary.
• Guardianship Arrangement - In the event of your incapacity, this document establishes who will take care of your dependents. It’s especially important for parents of minor children or caregivers of dependent adults.

Understanding and preparing these documents in advance can help ensure your healthcare and personal affairs are handled according to your wishes, providing peace of mind to both you and your family. It's also advisable to consult with legal and healthcare professionals to make sure all documents are properly executed and align with Oregon state laws. This thorough preparation allows for a more seamless management of your affairs during times when you may not be able to make those decisions yourself.

The Health Care Power of Attorney (HCPOA) shares similarities with the Oregon Living Will form, primarily in its purpose to guide healthcare decisions when an individual is incapacitated. Both documents allow a person to delineate their healthcare preferences ahead of time, but the HCPOA goes further by appointing a specific agent to make decisions on behalf of the individual, ensuring choices align closely with the person’s values and desires.

The Durable Power of Attorney (DPOA) for finances is another document with parallel functions to the Oregon Living Will, albeit in a different domain. While the Living Will focuses on healthcare decisions, the DPOA allows an individual to designate an agent to manage their financial affairs if they become unable to do so themselves. Both documents are proactive measures to ensure an individual's matters are handled according to their wishes should they become incapacitated.

The Do Not Resuscitate (DNR) order is closely aligned with the principles of the Oregon Living Will in that it communicates a specific medical treatment preference. A DNR specifically instructs healthcare providers not to perform CPR if a patient’s breathing stops or if the heart stops beating. Like a Living Will, it is a directive used to uphold the patient’s autonomy over their medical care at the end of life.

A Medical Power of Attorney (MPOA) document is akin to the Oregon Living Will, as it also deals with healthcare decisions. The critical difference is that the MPOA appoints a healthcare proxy to make decisions on behalf of the patient, focusing on a broader range of health care decisions than a Living Will, which is usually more focused on end-of-life care.

An Advance Health Care Directive serves a similar purpose to the Oregon Living Will by allowing individuals to specify their healthcare wishes in advance. This document combines elements of both the Living Will and a Health Care Power of Attorney, enabling individuals to detail their healthcare preferences and appoint a decision-maker, ensuring a comprehensive approach to future healthcare planning.

The Five Wishes document is an extensive form of Living Will that goes beyond the traditional scope by addressing personal, emotional, and spiritual needs alongside the medical and legal aspects. It encourages individuals to consider their comfort, how they want to be treated, and what they want their loved ones to know, offering a holistic approach to end-of-life planning similar to the intent behind the Oregon Living Will.

A Physicians Orders for Life-Sustaining Treatment (POLST) form complements the Oregon Living Will by providing detailed instructions for healthcare providers about life-sustaining treatments. While the Living Will typically outlines a person’s general desires regarding end-of-life care, the POLST form translates these desires into medical orders based on the individual’s current health status, ensuring that the care provided aligns with the patient's wishes.

The Appointment of Healthcare Representative is a document that, like the Oregon Living Will, deals with decisions related to healthcare. It specifically allows individuals to name a representative to make healthcare decisions on their behalf if they cannot do so, ensuring that someone familiar with the patient's wishes can guide their care.

A Living Trust is a document focused on managing an individual's assets, but it shares the anticipatory nature of the Oregon Living Will. Both documents allow individuals to arrange their affairs—whether personal health care or asset management—in advance to ensure their wishes are followed and to ease the burden on family members during challenging times.

Last Will and Testament, while primarily concerned with the distribution of assets posthumously, is similar in spirit to the Oregon Living Will by enabling individuals to express their wishes for their estate and, in certain aspects, their healthcare. Both documents are vital components of a comprehensive estate plan, ensuring individuals' preferences are honored in life and death.

When completing an Oregon Living Will form, it's crucial to ensure your wishes regarding your health care are clearly documented. To guide you through this process, here are key dos and don'ts to remember:

Do:

1. Read the form carefully before you start filling it out. Understanding each section is crucial for accurately reflecting your wishes.
2. Consult with a healthcare professional if you have questions about medical treatments mentioned in the form. Their insight can help you make informed decisions.
3. Discuss your decisions with family members or close friends. It’s important they understand your preferences and the reasons behind them.
4. Be as specific as possible when expressing your healthcare preferences. Ambiguity could lead to interpretations that don’t align with your wishes.
5. Sign and date the form in the presence of required witnesses or a notary public, according to Oregon law. This step is crucial for the document's legal validity.

Don't:

1. Rush through the process. Take your time to consider each decision carefully.
2. Leave any sections blank unless you are completely sure they do not apply to your situation. An incomplete form might raise questions later on.
3. Forget to update your Living Will if your health condition or treatment preferences change. Keeping your document current ensures that your healthcare wishes are respected.
4. Assume everyone knows your wishes just because you have completed the form. Discuss it with your attending physician and give copies to trusted family members or friends.

Understanding the Oregon Living Will form is crucial for making informed health care decisions. However, there are several common misconceptions that can lead to confusion. Here, we address four of those misconceptions to help clarify their purposes and limitations.

• Only the elderly or ill need a Living Will. Many people believe that Living Wills are only necessary for those who are already facing serious health issues or are of advanced age. The reality is that unexpected medical situations can occur at any age, and having a Living Will in place ensures that your health care preferences are known and respected, no matter your current health status.

• A Living Will is the same as a Last Will and Testament. While they both contain the word "Will," they serve very different purposes. A Living Will focuses on health care decisions, such as life-sustaining treatment preferences, in the event that you cannot communicate them yourself. A Last Will and Testament, on the other hand, is concerned with the distribution of your estate after your passing. Confusing the two can lead to significant misunderstandings about what each document accomplishes.

• Once completed, a Living Will cannot be changed. Some hesitate to create a Living Will under the misconception that it is set in stone. However, an Oregon Living Will can be revised or completely revoked at any time, as long as you are mentally capable. Changes to your health, personal beliefs, or family circumstances can all warrant a review and update of your Living Will.

• Filling out a Living Will form is enough to ensure your wishes are followed. While completing the form is a critical step, it's equally important to communicate your wishes to your family and health care providers. Simply filling out the form without discussion can lead to uncertainty and disputes during a crisis. Ensure your health care proxy, if you have designated one, and your family members understand your preferences as outlined in your Living Will.

Preparing a living will in Oregon is an important step in managing your healthcare wishes, ensuring they are known and respected even if you're unable to communicate them yourself. When it comes to filling out and using the Oregon Living Will form, here are four key takeaways to keep in mind:

• Understand what a living will covers: A living will, also known as an advance directive in Oregon, allows you to outline your preferences for medical treatment if you are in a state where you can no longer make decisions for yourself. This includes decisions on using life support, artificial nutrition and hydration, and other end-of-life treatments.
• Know the legal requirements: For your living will to be valid in Oregon, it must be signed in the presence of two witnesses or a notary public. The witnesses cannot be related to you by blood, marriage, or be entitled to any portion of your estate upon your death. They also cannot be your healthcare provider or an employee of a healthcare facility where you are receiving care.
• Discuss your wishes with loved ones and healthcare providers: After completing your living will, it’s crucial to discuss your wishes with close family members, healthcare proxies (if you have appointed one), and your healthcare providers. This ensures that everyone understands your preferences and is prepared to advocate on your behalf.
• Keep your living will accessible: Once your living will is completed and signed, make sure to keep it in a place where it can be easily accessed by your loved ones or healthcare proxy during an emergency. Give copies to relevant parties, such as your primary care physician, to include in your medical records.

Remember, you can update or revoke your Oregon living will at any time, should your preferences or circumstances change. It’s advisable to review it periodically and ensure that it still reflects your current wishes.