Oregon Advance Directive Overview
In Oregon, a advance directive is governed by ORS § 127.520. This legal document allows you to designate a healthcare representative who can make medical decisions on your behalf if you become unable to make or communicate those decisions yourself. Oregon law ensures that your healthcare representative has the authority to work with healthcare providers to carry out your wishes regarding medical treatment.
Your healthcare representative can make decisions about medical treatments, surgeries, medications, hospital stays, end-of-life care, and access to your medical records. The advance directive typically takes effect only when a physician determines that you are unable to make decisions for yourself, though Oregon law may allow you to make it effective immediately if you prefer.
Creating a advance directive in Oregon requires 2 witnesses and notarization is required. Oregon provides a statutory form that is widely accepted by healthcare facilities throughout the state.
Yes
Statutory form required
2
Witnesses required
Required
Notarization
Yes
HIPAA included
Oregon Requirements
To create a valid advance directive in Oregon, you must meet the following requirements under ORS § 127.520:
Important: Oregon Execution Requirements
Oregon requires 2 witnesses for a valid advance directive. The document must also be notarized. Witnesses cannot include your designated healthcare representative or your treating healthcare provider.
- Legal Age: You must be at least 18 years old and mentally competent at the time of signing
- Witnesses: Oregon requires 2 witnesses who are not the healthcare representative or healthcare provider
- Notarization: Required in Oregon
- Agent Designation: Name a primary healthcare representative and optionally an alternate
- HIPAA Authorization: Included in statutory form
How to Create Your Oregon Advance Directive
Follow these steps to create a valid advance directive that complies with Oregon law.
Choose Your Healthcare Representative
Select a trusted individual to serve as your healthcare representative in Oregon. This person should understand your healthcare values, be willing to advocate on your behalf, and be available in case of emergency. Consider naming an alternate healthcare representative as well.
Specify Your Healthcare Wishes
Document your preferences regarding medical treatments, end-of-life care, organ donation, DNR orders, and mental health treatment. Be as specific as possible about what treatments you do and do not want under various circumstances.
Include HIPAA Authorization
Add HIPAA authorization to ensure your healthcare representative can access your medical records and communicate with your healthcare providers in Oregon. Without this, providers may legally refuse to share your medical information.
Sign with Witnesses and Notarize
Execute the document with 2 witnesses as required by Oregon law. You must also have the document notarized. Distribute copies to your healthcare representative, physicians, hospital, and family members.
Choosing Your Oregon Healthcare Representative
In Oregon, your healthcare representative will have significant authority over your medical care. Choose someone who understands your values and can make difficult decisions under pressure.
- Trustworthy: Someone who will follow your wishes, not impose their own preferences
- Accessible: Someone who can be reached quickly and can travel to Oregon if needed
- Assertive: Someone who can communicate effectively with medical professionals
- Emotionally capable: Someone who can handle the stress of making life-or-death decisions
Sample Oregon Advance Directive
Below is a preview of our Oregon-specific advance directive template.
STATE OF OREGON
ADVANCE DIRECTIVE
ORS § 127.520
PRINCIPAL (You):
Name: [Your Name]
Address: [Oregon Address]
HEALTHCARE REPRESENTATIVE:
Name: [Agent Name]
Relationship: [Relationship]
Phone: [Phone]
Oregon Advance Directive FAQ
Answers to common questions about Oregon advance directive requirements and procedures.
Official Oregon Resources
Use these official resources to verify Oregon requirements and access government forms.
Create Your Oregon Advance Directive
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