Official Living Will Template for Oregon

What is an Oregon Living Will?

An Oregon Living Will is a legal document that outlines a person’s preferences for medical treatment in circumstances where they are no longer able to make decisions for themselves due to incapacity. This may include situations involving life-sustaining treatment, artificial nutrition, and hydration. The document serves to communicate to healthcare professionals and family members the individual's wishes concerning their end-of-life care.

Who should have an Oregon Living Will?

Every adult in Oregon who wishes to have control over their medical treatment in the event they become incapacitated should consider creating a Living Will. It's particularly important for those with strong preferences about the type and extent of care they receive at the end of life, including decisions about life-support treatments, to outline these wishes in a Living Will. This ensures that their healthcare team and loved family members are aware of their desires.

How can one create an Oregon Living Will?

Creating an Oregon Living Will involves several key steps:

1. Understanding your treatment options and deciding on your preferences.
2. Filling out the Living Will form that complates with Oregon laws. It's recommended to use a form that is specifically designed for Oregon to ensure it meets all local legal requirements.
3. Signing the document in front of two witnesses who meet certain criteria. The witnesses must not be related to you by blood, marriage, or adoption and cannot be entitled to any portion of your estate upon your death. Additionally, one of the witnesses cannot be a healthcare provider who is treating you or an employee of a healthcare facility where you are receiving care.
4. Informing your healthcare providers about your Living Will and providing them with a copy.

Can an Oregon Living Will be revoked?

Yes, an Oregon Living Will can be revoked at any time by the creator, regardless of their mental state. Revocation can be accomplished in several ways, including:

• Creating a new Living Will that states it revokes all previous directives.
• Physically destroying the document in a manner that indicates an intention to revoke it, such as tearing, burning, or otherwise obliterating it.
• Verbally expressing the intent to revoke the directive in front of a witness who is 18 years of age or older.
• Writing a statement that expresses the intention to revoke the Living Will.

Is an Oregon Living Will the same as a Durable Power of Attorney for Health Care?

No, an Oregon Living Will is not the same as a Durable Power of Attorney for Health Care. While both documents relate to healthcare decisions, a Living Will specifically outlines wishes regarding life-sustaining treatment when a person is incapacitated. In contrast, a Durable Power of Attorney for Health Care appoints another individual, known as a healthcare proxy or healthcare agent, to make healthcare decisions on behalf of the person if they cannot do so themselves. These decisions can cover a wide range of medical treatments, not just those that are life-sustaining. It's often advisable to have both documents in place to fully address one's healthcare planning needs.

Filling out an Oregon Living Will form is a crucial step for ensuring your healthcare wishes are respected. However, mistakes can make the document less effective or even invalid. Here are 10 common mistakes to avoid:

1. Not reading the instructions carefully. It's essential to understand every part of the form before you start to fill it out. This ensures that you accurately express your wishes.

2. Failing to use your legal name. Your full, legal name must be used on the document to ensure it's legally binding and matches your identification and medical records.

3. Skipping sections. Even if you think some sections don't apply to you, review and fill them out as best as you can, providing clear instructions or marking them N/A if they truly don't apply.

4. Using unclear language. Be as clear and precise as possible in your descriptions to avoid any confusion about your wishes.

5. Forgetting to date and sign the document. Without your signature and the date, your Living Will may not be considered valid.

6. Not having the document witnessed or notarized as required. Check Oregon requirements to ensure your document meets state standards for witnesses or notarization.

7. Choosing a healthcare representative without discussing it with them first. Ensure the person you choose is willing and understands your healthcare preferences.

8. Not informing family members or healthcare providers about the document. For your Living Will to be effective, the right people need to know it exists and understand its contents.

9. Not updating the document. Over time, your healthcare wishes might change. Regularly review and update your Living Will to reflect your current wishes.

10. Copying someone else's Living Will. While it might seem convenient, your healthcare wishes are unique, and your Living Will should reflect your personal choices.

Avoiding these mistakes helps ensure that your Oregon Living Will accurately reflects your healthcare wishes and can be effectively executed when needed.

In preparation for end-of-life care, many individuals in Oregon consider the Living Will form an essential document. However, to ensure comprehensive healthcare and personal matters are addressed according to one's wishes, several other documents are often used in conjunction with a Living Will. These documents serve to provide clear instructions and appoint trusted individuals to make decisions on one's behalf, thus covering various aspects that the Living Will alone may not address.

• Power of Attorney for Health Care - This document allows an individual to appoint someone else to make healthcare decisions on their behalf if they become unable to do so. This role can involve consent, refusal of consent, or withdrawal of treatment that could prolong life.
• Advance Directive - Often integrated with or serving a similar purpose as a Living Will, an Advance Directive allows individuals to state their preferences for end-of-life care. Unlike a Living Will, which is limited to deathbed concerns, the Advance Directive can address situations where a person is incapacitated but not necessarily facing imminent death.
• Durable Power of Attorney for Finances - This form appoints someone to handle financial affairs, such as managing bank accounts, paying bills, and making investment decisions, ensuring that the individual's finances are taken care of if they become incapacitated.
• Do Not Resuscitate (DNR) Order - A DNR order is a medical order signed by a physician, indicating that a person does not want to receive CPR or other life-saving measures if their heart stops or if they stop breathing. This document is particularly important for those with terminal illnesses or in poor health who wish to avoid aggressive attempts to prolong life at the end stage.
• Organ and Tissue Donation Registration - By registering as an organ and tissue donor, individuals can indicate their wish to donate their organs and tissues upon death. This decision can be documented through a state registry or drivers' license designation, making one's wishes known to family and healthcare providers.
• Disposition Authorization - This document specifies an individual's wishes regarding the handling of their body after death, including burial, cremation, and the handling of remains. It may appoint a specific person to make these decisions and provide for the arrangements in advance.

Accompanying the Living Will with these documents can ensure that an individual's healthcare, financial, and personal matters are thoroughly addressed. It's important for individuals to discuss these preferences with loved ones and legal counsel to ensure all documents are appropriately executed and reflect their wishes accurately. Having these conversations and preparations in place can offer peace of mind to both the individual and their family, knowing that their affairs are in order.

The Oregon Living Will form is similar to various other documents that allow individuals to outline their healthcare preferences and directives. Each of these documents plays a significant role in personal health care planning, affecting decisions made in moments when a person might not be able to express their wishes due to illness or incapacity.

One such document is the Durable Power of Attorney for Health Care. The primary likeness between this document and the Oregon Living Will lies in their mutual goal: to ensure an individual's healthcare preferences are honored. The Durable Power of Attorney for Health Care allows individuals to appoint a health care representative to make decisions on their behalf if they are unable. While the Oregon Living Will outlines specific treatments one does or does not want, the Durable Power of Attorney for Health Care endows a representative with the authority to decide in a variety of situations, potentially including those not covered by the living will. This broad scope makes it complementary to a living will by covering decision-making in unforeseen circumstances.

Another document closely related to the Oregon Living Will is the Do Not Resuscitate (DNR) order. Both address critical end-of-life treatment decisions, but they operate in different arenas. The Oregon Living Will provides instructions for a broader range of end-of-life decisions beyond cardiopulmonary resuscitation (CPR), including mechanical ventilation, feeding tubes, and other life-sustaining treatments. In contrast, a DNR specifically directs medical personnel not to undertake CPR if a patient's breathing stops or if the heart stops beating. It is more immediately actionable in emergency situations and is often used by individuals with terminal illnesses or those in end-of-life care.

A third closely aligned document is the POLST (Physician Orders for Life-Sustaining Treatment) form. Like the Oregon Living Will, the POLST is designed to communicate an individual's wishes regarding end-of-life treatment. However, the POLST goes beyond being merely advisory by constituting actual medical orders that are to be followed by healthcare providers. While the Living Will typically takes effect in situations where death is imminent, the POLITICAL leans towards those with serious health conditions, guiding interventions in more immediate situations. It is particularly effective in ensuring that a patient's treatment preferences are followed across different settings, from home to hospital.

When completing the Oregon Living Will form, it's essential to follow guidelines to ensure your wishes are clearly understood and legally binding. Here’s a list of dos and don'ts:

• Do read the instructions carefully before filling out the form. Understanding the form's purpose helps in providing accurate information.
• Do consult with a healthcare professional if you have questions about medical terms or conditions mentioned in the form.
• Do discuss your wishes with family members or significant others to avoid any confusion or disputes later on.
• Do use clear, unambiguous language to describe your healthcare preferences.
• Do sign the form in the presence of two witnesses, ensuring that they meet the requirements stated by Oregon law.
• Don't leave any sections blank unless the instructions explicitly permit it. Incomplete information can lead to misunderstandings.
• Don't use pencil to fill out the form; use black or blue ink for better legibility and permanence.
• Don't rush through the process. Take your time to thoroughly consider each decision being made.
• Don't forget to update your Living Will if your healthcare wishes change or if there are significant changes in your life circumstances.