Official  Living Will Template for Oregon

Official Living Will Template for Oregon

The Oregon Living Will form serves as a critical document that allows individuals to outline their preferences regarding medical treatment in the event they become incapacitated and unable to communicate their wishes directly. By setting these instructions in advance, individuals can ensure that their healthcare decisions are respected, even when they cannot voice them. This advance directive empowers people to maintain control over their medical care, providing peace of mind to both them and their families.

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Navigating the complexities of life's final chapters demands preparation and clarity, a task made easier with tools like the Oregon Living Will form. At its core, this document empowers individuals to outline their healthcare preferences in scenarios where they might not be able to communicate their wishes due to severe illness or incapacitation. Oregonians can specify the extent of medical interventions they desire, from life-sustaining treatments to more palliative-focused care, ensuring their values and decision-making autonomy are respected even when they're unable to voice their needs. This legal form not only serves as a guide for healthcare providers but also alleviates the burden on families during emotionally taxing times, providing a clear roadmap of loved one's preferences. With this form, the person's fundamental rights to make informed and personal decisions about their end-of-life care are preserved and honored, making it a critical tool for anyone looking to have control over their medical treatment in unforeseeable circumstances.

Document Example

Oregon Living Will Template

This document serves as a Living Will, drafted in accordance with the Oregon Advance Directive Act. It is specifically designed to record the wishes of the undersigned individual regarding healthcare decisions in the event that they become incapable of making such decisions themselves.

Full Name of the Declarant: ___________________________________________

Date of Birth: _________________________

Address: ____________________________________________________________

City: ____________________________ State: Oregon Zip Code: ___________

Preferences for Life-Sustaining Treatment

I, the undersigned, being of sound mind, hereby direct my healthcare providers to follow the instructions detailed below in the event that I am no longer able to communicate my healthcare decisions.

  1. In the case of a terminal condition where recovery is not expected and life support would only prolong the process of dying, I direct that:
  2. ________________________________________________________________

  3. If I am in a state of permanent unconsciousness and not expected to regain consciousness, known as a persistent vegetative state, I direct that:
  4. ________________________________________________________________

  5. In the event of advanced progressive illness where treatment would not significantly alter the disease course, I prefer:
  6. ________________________________________________________________

  7. Regarding the use of feeding tubes or other artificial means of nutrition and hydration:
  8. ________________________________________________________________

Preferences for Other Medical Interventions

Here, I outline my wishes regarding the use of other medical interventions, in situations not covered above, to sustain my life:

_________________________________________________________________________

Designation of Health Care Representative

I hereby designate the following individual as my Health Care Representative, who is authorized to make health care decisions on my behalf if I am incapable of doing so:

Name: ___________________________________ Relationship: _________________

Address: _____________________________________________________________

Phone Number: ______________________ Email: ___________________________

In the event my primary Health Care Representative is unable or unwilling to serve, I hereby designate the following individual as an alternate:

Name: ___________________________________ Relationship: _________________

Address: _____________________________________________________________

Phone Number: ______________________ Email: ___________________________

Organ Donation

I express my wishes regarding organ donation as follows:

_________________________________________________________________________

Signature and Witness

My signature below indicates my understanding and agreement to the choices I have expressed in this document.

Signature of Declarant: ___________________________ Date: _______________

This document must be signed in the presence of two witnesses, who cannot be the Health Care Representative, a healthcare provider, or an employee of a health care facility.

Witness 1 Signature: ___________________________ Date: _______________

Printed Name: ______________________________________________________

Witness 2 Signature: ___________________________ Date: _______________

Printed Name: ______________________________________________________

Form Properties

Fact Detail
Governing Law The Oregon Living Will is governed by the Oregon Revised Statutes, specifically ORS §§ 127.505 to 127.660, also known as the Oregon Advance Directive Act.
Purpose This form allows individuals to outline their preferences for medical treatment should they become unable to communicate their wishes due to illness or incapacity.
Components The form typically includes sections for a living will (known in Oregon as a declaration) and durable power of attorney for health care.
Witness Requirement For a living will to be legally valid in Oregon, it must be signed in the presence of two witnesses, who also need to sign the document. There are specific requirements regarding who can and cannot serve as a witness.
Revocation An individual can revoke their Oregon living will at any time, in any manner they choose, without requiring a witness or notarization, as long as they are capable of making their own decisions.

Oregon Living Will: Usage Guide

Preparing an Oregon Living Will is a proactive step towards ensuring your healthcare preferences are respected in situations where you may not be able to communicate them yourself. This document, while straightforward, requires careful attention to detail to accurately reflect your wishes. The steps outlined below are designed to guide you through the process of filling out the form effectively, ensuring your intentions are clearly documented and legally recognized.

  1. Begin by gathering necessary personal information, including your full legal name, address, date of birth, and social security number.
  2. Read the introduction section of the form carefully to understand the purpose of the document and the importance of each decision you are about to make.
  3. Choose your healthcare agent wisely. This person will make medical decisions on your behalf if you are unable to do so. Write their full name, relationship to you, and contact information in the designated section.
  4. Define the circumstances under which you want your healthcare agent to make decisions for you. Be specific about any conditions or treatments you do or do not want.
  5. Consider the extent of the powers you are granting your healthcare agent. Ensure you are comfortable with their scope of authority, particularly in decisions involving life-sustaining treatment.
  6. Review the sections concerning specific medical treatments such as artificial nutrition and hydration. Indicate your preferences by checking the appropriate boxes or providing detailed instructions.
  7. Sign and date the form in the presence of two witnesses, who must also sign and date. Witnesses should not be your healthcare agent or relatives. Verify that their names and addresses are correctly entered.
  8. Consult with a healthcare professional or attorney if you have any questions or need clarification on any part of the document.
  9. Keep the original document in a safe but accessible place. Provide copies to your healthcare agent, family members, and your primary care physician.

After completing the form, it's crucial to have open discussions with your healthcare agent and loved ones about your wishes. This ensures everyone is aware of your preferences and can act accordingly in critical situations. Remember, you can revise your Oregon Living Will at any time to reflect changes in your healthcare wishes or personal circumstances.

Crucial Points on Oregon Living Will

What is an Oregon Living Will?

An Oregon Living Will, also known as an advance directive, is a legal document that allows individuals to outline their preferences for medical treatment in the event that they become unable to communicate their wishes. This document can specify which life-sustaining treatments, if any, a person wants to receive if they are in a condition where recovery is not expected.

Who should have an Oregon Living Will?

Any person over the age of 18 who wishes to have control over their medical treatment should consider completing an Oregon Living Will. It's especially important for those with specific wishes about their end-of-life care or those who have been diagnosed with a serious illness to have a Living Will in place.

How can one create an Oregon Living Will?

Creating an Oregon Living Will involves several steps:

  1. Obtain the correct form, which is available through healthcare providers, legal professionals, or online resources.
  2. Clearly specify your healthcare preferences in the form. This might include directions about life support, resuscitation, and pain management.
  3. Discuss your wishes with family members and healthcare providers to ensure they understand your preferences.
  4. Sign the form in the presence of two witnesses or a notary public. The witnesses must meet certain criteria to be considered legally valid.

Are there any costs associated with completing an Oregon Living Will?

Generally, there is no cost to create or complete an Oregon Living Will. However, if you choose to consult with a healthcare provider, attorney, or notary public to help complete the form or ensure it meets legal requirements, they may charge a fee for their services.

What should be done with a completed Oregon Living Will?

Once completed, the Living Will should be:

  • Provided to your healthcare provider to be included in your medical records.
  • Shared with close family members or friends who may be involved in your care.
Additionally, it's a good idea to keep a copy in a safe but easily accessible place, and consider giving a copy to your attorney if you have one.

Can an Oregon Living Will be changed or revoked?

Yes, an Oregon Living Will can be changed or revoked at any time by the person who created it, as long as they are still capable of making their own decisions. To revoke or amend the document, it's best to:

  1. Create a new document outlining the changes or stating the revocation.
  2. Destroy all copies of the old Living Will.
  3. Inform family members, healthcare providers, and anyone else who has a copy of the old Living Will about the changes.

Common mistakes

Filling out a Living Will in Oregon is a serious task that requires attention to detail and an understanding of legal documents. Mistakes in this process can lead to misunderstandings about your health care wishes, potentially resulting in unwanted medical treatments or interventions. While the content of the Living Will form isn't provided here, common errors are often made by individuals when completing similar documents. It's crucial to approach this document carefully to ensure your wishes are clearly communicated and legally recognized.

  1. Not specifying details about treatment preferences - Many people fail to provide sufficient details about their health care preferences, including conditions under which they would refuse or wish to receive certain treatments. This lack of detail can leave healthcare providers and relatives uncertain in critical moments.

  2. Forgetting to sign and date the form - An unsigned or undated Living Will is not legally binding. Ensuring the document is properly signed in the presence of the required witnesses or a notary public is critical for its validity.

  3. Not using the correct form - Each state has its own Living Will form with specific requirements. Using an outdated form or one from another state can invalidate the document in Oregon.

  4. Failing to update the document - Life changes such as marriage, divorce, the birth of a child, or a change in health status should prompt a review and possibly an update of your Living Will to ensure it reflects your current wishes.

  5. Omitting the selection of a health care representative - Not choosing a trusted person to make health care decisions on your behalf when you cannot can lead to decisions being made by someone not familiar with your wishes or in your best interest.

  6. Failing to discuss your wishes with your health care representative and family - Neglecting to have a conversation about your Living Will with your chosen representative and family members can cause confusion and conflict at a time when clarity is most needed.

  7. Not keeping the Living Will easily accessible - A Living Will is of no use if no one can find it. Keeping the document in a safe yet accessible place and letting your representative, family, and doctor know where it is, ensures your wishes are followed.

Common Mistakes to Avoid:

  • Assuming the form covers everything - It’s important to remember that the Living Will form might not cover every possible scenario. Consider additional legal planning.

  • Copying someone else’s Living Will - Even though it might seem convenient, your health care preferences and circumstances are unique, and your Living Will should reflect that.

  • Relying on verbal communication alone - While discussing your wishes with your family and healthcare representative is crucial, these conversations should complement, not replace, the legal document.

Completing a Living Will requires careful consideration and a clear understanding of your healthcare wishes. Avoiding these common mistakes can help ensure your desires are respected and can provide peace of mind to both you and your loved ones.

Documents used along the form

When considering future healthcare decisions, many individuals choose to prepare a Living Will, especially within the state of Oregon. This document serves an essential role in outlining one's healthcare preferences in situations where they can no longer communicate their wishes directly. Nonetheless, the effectiveness and comprehensiveness of planning for future healthcare situations are significantly enhanced when a Living Will is supported by a variety of other legal documents. Each of these documents addresses different aspects of one's healthcare and legal preferences, ensuring a well-rounded approach to future planning.

  • Advance Directive: Unlike the broader scope of the Living Will, the Advance Directive specifically allows individuals to appoint a healthcare representative. This representative is authorized to make healthcare decisions on their behalf if they become unable to do so themselves.
  • Durable Power of Attorney for Health Care: This document complements the Living Will by enabling an individual to designate another person to make decisions regarding their health care, including decisions about life-sustaining treatment, when they are incapacitated.
  • Physician Orders for Life-Sustaining Treatment (POLST): The POLST form goes beyond traditional advance directive documents by converting patients' treatment preferences into physician orders that are to be followed by healthcare providers.
  • DNR (Do Not Resuscitate) Order: Specifically intended to prevent emergency medical services from performing CPR, this order is important for individuals who wish to refuse life-sustaining treatments in the event of cardiac or respiratory arrest.
  • Financial Power of Attorney: This legal instrument authorizes someone else to handle your financial affairs. It's vital for ensuring that an individual's financial matters are taken care of if they become incapacitated.
  • Will: This document provides instructions for the distribution of an individual's assets after death. It is crucial for estate planning and ensures that one's belongings are distributed according to their wishes.
  • Trust: Often used alongside a Will, a Trust can provide more detailed instructions for how and when assets are distributed to beneficiaries, and can also help avoid the probate process.
  • Guardianship Appointment: This form is essential if the individual has minor children or dependents. It designates a guardian for them in the event of the individual's incapacitation or death.
  • Memorial Instructions: Not legally binding in all locations, these instructions can guide family members in arranging a funeral or memorial service according to the deceased's wishes.
  • HIPAA Release Form: This document allows healthcare providers to share an individual’s health information with designated individuals, such as family members or a chosen healthcare proxy.

In summary, while a Living Will is a critical component of healthcare planning, its efficacy is significantly amplified when paired with other legal documents tailored to individual needs. The aforementioned documents collectively contribute to a comprehensive plan, ensuring that both health care and personal matters are addressed according to an individual's wishes, even when they are no longer able to make decisions for themselves. Each document plays its unique role in safeguarding an individual's healthcare wishes and legal interests, making the overall planning for future healthcare situations as comprehensive and effective as possible.

Similar forms

The Oregon Living Will form shares similarities with an Advance Directive. Just like the Living Will, an Advance Directive allows an individual to outline their preferences for medical treatment in the event that they're unable to communicate those wishes directly. It often includes specifications about end-of-life care and can designate a healthcare proxy to make decisions on the individual's behalf.

A Health Care Proxy is another document closely related to the Oregon Living Will. This legal document specifically appoints someone else to make health care decisions for the individual, should they become incapacitated. Unlike the broader scope of a Living Will, which may outline specific wishes for various medical treatments, the focus here is on appointing a decision-maker.

A Durable Power of Attorney for Health Care is similar to the Oregon Living Will form in that it grants someone the authority to make health care decisions on an individual’s behalf. However, it's broader than a Health Care Proxy, as it remains in effect until the individual revokes it or passes away, and it can authorize the agent to make decisions even when the principal isn't incapacitated.

The Do Not Resuscitate (DNR) Order also shares commonalities with the Oregon Living Will. This document specifically instructs healthcare providers not to perform CPR if the patient's breathing stops or if the heart stops beating. It's a more specific directive that's typically included within the broader context of a Living Will or Advance Directive.

A Medical Orders for Life-Sustaining Treatment (MOLST) form is akin to the Living Will, providing detailed instructions regarding a person’s preferences for end-of-life medical treatments. It differs in its focus on immediate medical orders in critical situations and is usually intended for individuals with serious health conditions.

Another comparable document is the Five Wishes form, which acts similarly to the Living Will by addressing medical, personal, emotional, and spiritual needs at the end of life. It goes beyond typical healthcare directives by also focusing on comfort and dignity, articulating wishes in a more personal and detailed manner.

The Power of Attorney for Finances, while not directly related to medical decisions, is another essential document that, like a Durable Power of Attorney for Health Care, allows an individual to appoint someone to make decisions on their behalf. It focuses specifically on financial matters, ensuring that the individual's financial affairs can be managed without interruption in the event they're unable to do so themselves.

Lastly, a Psychiatric Advance Directive is comparable to an Oregon Living Will by allowing an individual to outline preferences for psychiatric treatment if they are unable to make those decisions at a later point. This can include preferences for medications, hospitalization, and even the choice of a health care agent to make decisions regarding mental health treatment.

Dos and Don'ts

When filling out the Oregon Living Will form, it is essential to follow specific guidelines to ensure the document accurately reflects your health care wishes. Below are the recommended dos and don'ts.

Do:

  1. Read the form carefully before you start filling it out to ensure you understand all the provisions.
  2. Use clear, concise language that leaves no room for interpretation.
  3. Consult with a health care provider if you have any questions about medical procedures mentioned in the form.
  4. Discuss your decisions with close family members or friends to ensure they understand your wishes.
  5. Sign the form in the presence of two witnesses or a notary public to validate its authenticity.
  6. Review and update your Living Will periodically or after any major life changes.
  7. Make copies of your signed form and provide them to your health care provider, a trusted family member, or a friend.
  8. Register your Living Will with the Oregon Secretary of State, if desired, for easier access by health care providers.

Don't:

  • Leave any sections incomplete. If a section doesn't apply, mark it as "N/A" (not applicable).
  • Use technical or legal terms unless you are very familiar with them and sure they accurately convey your wishes.
  • Forget to consider all scenarios, including temporary incapacitation.
  • Sign the form without having the required witnesses or notary present, as this could invalidate the document.
  • Rely solely on verbal instructions to family or doctors; ensure your wishes are documented in the Living Will.
  • Assume that doctors in other states will automatically honor your Oregon Living Will; laws can vary by state.
  • Forget to inform your power of attorney or health care representative about the existence of your Living Will.
  • Store your Living Will in a place where others cannot easily access it; ensure it's both secure and accessible when needed.

Misconceptions

When discussing the Oregon Living Will form, also known as an Advance Directive, several misconceptions frequently come to light. It's important to address these misunderstandings to ensure that individuals are well-informed about their rights and opportunities for healthcare planning. The following list aims to clarify some of the most common misconceptions.

  1. Only elderly individuals need a living will. This is not accurate; adults of any age can face medical emergencies or situations where they cannot make their own medical decisions. A living will is crucial for any adult to have their healthcare wishes respected.

  2. A lawyer is necessary to complete an Oregon Living Will. While consulting with a legal professional can provide valuable guidance, Oregon law allows individuals to complete and sign an Advance Directive without needing a lawyer, as long as it's done according to legal requirements.

  3. An Oregon Living Will is only about refusing treatment. This misconception overlooks that the form also allows individuals to request certain treatments. It's a tool for expressing a broad range of healthcare preferences, including accepting or refusing life-sustaining treatments.

  4. The form takes a long time to complete. Completing an Oregon Living Will does not have to be time-consuming. While it is a profound decision requiring some reflection on one’s healthcare values and wishes, the physical act of filling out the form can be relatively quick if those wishes are already clear.

  5. Once completed, the living will cannot be changed. In fact, an individual can revise their Oregon Living Will at any time, as long as they are competent to do so. Changes must be made in the same legally compliant manner as the original document.

  6. A Living Will is the same as a Last Will and Testament. These documents serve very different purposes; a Living Will outlines healthcare preferences in specific medical situations, whereas a Last Will and Testament deals with the distribution of an individual's estate after their death.

  7. The healthcare proxy can override the living will. The role of the healthcare proxy, as named in an Advance Directive, is to ensure the individual’s wishes are respected, not to override those wishes. Their decisions should align with the expressed preferences in the living will.

  8. Living wills are only for terminal illnesses. While living wills are often associated with terminal conditions, they can also specify wishes regarding temporary incapacity and preferences for or against specific types of medical interventions that aren't related to terminal conditions.

  9. Completing a living will guarantees that your wishes will be followed. While it significantly increases the likelihood that healthcare providers will adhere to your preferences, exceptional circumstances can arise where following a living will might not be possible or where emergency personnel are unaware of its existence.

  10. Only physical health treatments can be included. Mental health preferences, including treatments for mental health conditions, can also be specified in an Oregon Living Will, ensuring comprehensive coverage of an individual’s healthcare wishes.

By addressing these misconceptions, individuals can approach Oregon Living Wills with clearer understanding and confidence. It is an empowering step for anyone to take control over their future healthcare decisions, ensuring their wishes are known and considered.

Key takeaways

The Oregon Living Will form, also known as an Advance Directive, is a crucial tool that allows individuals to make known their wishes regarding medical treatment in the event that they become incapacitated. Understanding the ins and outs of this document can help ensure your health care preferences are respected and followed. Below are seven key takeaways regarding the completion and utilization of the Oregon Living Will form:

  • Definition and Purpose: An Oregon Living Will is a legal document that outlines your preferences for medical treatment if you're unable to communicate due to illness or incapacity. It primarily deals with end-of-life care, including decisions about life support and other life-sustaining treatments.
  • Legality: The form is legally binding in Oregon. Health care providers are required to follow your wishes as stated, provided your instructions are clear and cover the situation at hand.
  • Completing the Form: Detailed instructions accompany the Oregon Living Will form, guiding you through specifying your health care wishes. It’s important to follow these instructions carefully to ensure your document is completed correctly.
  • Witness Requirement: Oregon law requires your Living Will to be either witnessed by two individuals or notarized. Certain individuals, such as your health care provider or relatives, cannot serve as witnesses.
  • Revocation: You can change or revoke your Oregon Living Will at any time, as long as you are of sound mind. It’s advisable to communicate any changes to your health care proxy (if you have appointed one) and your health care providers.
  • Communication is Key: Discussing your health care wishes with family members and your health care providers ensures that they are aware of your preferences and know where to find your Living Will when needed.
  • Storage: Keep the original document in a safe but accessible place. Inform your health care proxy, family members, and health care providers of its location. It’s also wise to keep a digital copy that can be easily shared.

By taking these points into consideration, individuals in Oregon can make informed decisions about their health care preferences in advance, providing peace of mind for themselves and their families. Crafting a clear and comprehensive Oregon Living Will is an act of care and responsibility, ensuring that one's health care treatment aligns with their values and wishes even when they can no longer voice those preferences themselves.

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