Blank Oregon Living Will Form

Blank Oregon Living Will Form

The Oregon Living Will form, legally known as an Advance Directive, allows people to state their preferences for medical treatment in situations where they can no longer express their wishes themselves. This crucial document comes into play if someone is seriously ill or at the end of their life. It ensures that health care providers and loved ones make decisions aligned with the individual's desires.

Prepare Form Here

Navigating the intricacies of preparing for future healthcare decisions can be a daunting task, but the Oregon Living Will form serves as a crucial tool in this process. This document allows individuals to outline their preferences for medical treatment in the event that they are unable to communicate their wishes due to severe illness or incapacity. By doing so, it ensures that healthcare professionals are guided by the patient's own directives when making decisions about life-sustaining treatments. The form covers various scenarios, including the use of life support, artificial nutrition and hydration, and other interventions that may prolong life in the face of terminal conditions or permanent unconsciousness. Beyond its practical implications, the Oregon Living Will is significant for the autonomy it grants individuals over their medical treatment, respecting their values and easing the decision-making burden on family members during challenging times. Understanding the details and implications of this document is essential for anyone seeking to take control of their healthcare future, making it a topic of paramount importance for residents of Oregon.

Preview - Oregon Living Will Form

Oregon Living Will Template

This document is a Living Will, prepared in accordance with the Oregon Declaration for Mental Health Treatment Act. It allows individuals to outline their preferences for medical treatment should they become unable to make decisions for themselves due to mental incapacity. Complete all sections where your personal information and preferences are required.

Personal Information

Name: ___________________________

Date of Birth: ___________________________

Address: ___________________________

City: ___________________________ State: Oregon Zip Code: ____________________

Phone Number: ___________________________

Declaration

I, _________________, residing at ___________________________, Oregon, being of sound mind, do hereby make this declaration regarding my mental health treatment. My declaration directs my physician and other healthcare providers regarding treatments I desire or do not desire in the event I am unable to make those decisions myself.

Preferences for Mental Health Treatment

Below, please indicate your preferences regarding mental health treatments should you become incapacitated. Your choices will guide your healthcare providers in making decisions that align with your values and desires.

  1. Psychotropic Medications: I consent/do not consent to the administration of psychotropic medications.
  2. Psychotherapy: I consent/do not consent to the use of psychotherapy.
  3. Electro-convulsive Treatment (ECT): I consent/do not consent to the use of electro-convulsive treatment.
  4. Admission to and Retention in Facility: I consent/do not consent to be admitted to a health care facility for mental health treatment.
  5. Other Treatments: ___________________________________________

Appointment of Health Care Representative

I appoint the following individual as my health care representative to make decisions regarding my mental health treatment in accordance with this declaration:

Name: ___________________________

Relationship: ___________________________

Phone Number: ___________________________

In the event that my primary health care representative is unable or unwilling to serve, I appoint the following person as an alternate representative:

Name: ___________________________

Relationship: ___________________________

Phone Number: ___________________________

Signatures

This document is effective upon my signature. It remains effective until my death, unless I revoke it. I understand that I may revoke this declaration at any time.

Signature: ___________________________ Date: ___________________________

Witness (1) Signature: ___________________________ Date: ___________________________

Witness (2) Signature: ___________________________ Date: ___________________________

Witnesses affirm that the declarant is known to them, signed this declaration in their presence, and appears to be of sound mind and not under duress, fraud, or undue influence.

Notarization (Optional)

This section is optional and may be completed if the declarant wishes to have their living will notarized.

Notary Public Signature: ___________________________ Date: ___________________________

Commission Expires: ___________________________

PDF Form Attributes

Fact Detail
Definition The Oregon Living Will, known formally as an Advance Directive, is a legal document that allows a person to outline their wishes regarding medical treatment and life-sustaining procedures in the event that they're unable to make decisions due to incapacitation.
Governing Law Oregon Revised Statutes, Sections 127.505 to 127.660, also referred to as the Oregon Death with Dignity Act, govern the requirements and validity of an Oregon Living Will.
Components The form consists of two primary parts: the Health Care Instructions (Living Will) and the Appointment of a Health Care Representative (Power of Attorney for Health Care).
Witness Requirement The document must be signed in the presence of two witnesses or a notary public to be legally binding. The witnesses cannot be related to the signer by blood, marriage, or adoption, and cannot be entitled to any portion of the person’s estate upon death.
Revocation An Oregon Living Will can be revoked at any time by the creator, regardless of their mental state or capacity. This can be done by creating a new advance directive, physically destroying the original, or verbally expressing the desire to revoke in the presence of a witness.
Validity Outside Oregon While an Oregon Living Will is primarily designed to be used within the state, it may still be honored in other states that recognize advance directives from out-of-state as valid as long as it complies with the other state’s laws.
Accessibility The form is accessible through the Oregon Health Authority website and can also be obtained from healthcare providers, legal offices, and senior citizen centers.
Cost There is no cost to create an Oregon Living Will. However, if you seek professional legal assistance to complete the form, attorneys may charge a fee for their services.

Detailed Steps for Using Oregon Living Will

When you decide to prepare a living will in Oregon, you are taking a step to ensure your healthcare preferences are known and respected in situations where you may not be able to communicate your wishes directly. This document is essential for providing peace of mind to both you and your family, outlining your desires regarding medical treatment in specific circumstances. Here are the steps needed to successfully fill out the Oregon Living Will form, ensuring your healthcare decisions are clearly documented.

  1. Start by gathering all necessary personal information, including your full legal name, address, date of birth, and social security number.
  2. Read the form carefully to understand each section and what information is required. Pay special attention to definitions and explanations provided within the form to ensure you fully understand the implications of your choices.
  3. In the section designated for outlining your healthcare wishes, specify your preferences regarding life-sustaining treatments. This can include your choices about receiving or not receiving artificial nutrition, hydration, and other life-sustaining measures under certain medical conditions.
  4. Designate a health care representative by providing their full legal name, address, and contact information. This person will have the authority to make healthcare decisions on your behalf in case you are unable to make these decisions for yourself. It's important to discuss your wishes with your health care representative beforehand to ensure they are willing and able to act according to your preferences.
  5. If the form provides space for additional instructions or conditions under which you would want your healthcare representative to make decisions, clearly outline those instructions. Be as specific as possible to avoid any ambiguity regarding your healthcare wishes.
  6. Review the document to ensure all the information provided is accurate and reflects your true healthcare wishes. Any mistakes or unclear sections should be corrected before proceeding to the next step.
  7. Sign and date the form in the presence of two witnesses or a notary public. Witnesses must meet specific criteria outlined in the form, such as not being related to you, not being entitled to any part of your estate, and not being your health care provider or an employee of a health care facility where you are a patient. Their role is to verify your identity and your voluntary decision to create a living will.
  8. Finally, distribute copies of the signed and completed living will to your health care representative, family members, and any health care providers you currently see. Keeping a copy for yourself in a safe and accessible place is also advisable.

By following these steps to complete the Oregon Living Will form, you'll have taken a significant step in managing your healthcare decisions and ensuring your wishes are known. It's a careful process, but one that offers reassurance that your values and preferences will be respected even when you are not able to communicate them yourself. Remember, this form can be updated as your situation or preferences change, so consider reviewing it regularly and making any necessary adjustments.

Important Points on This Form

What is an Oregon Living Will?

An Oregon Living Will is a legal document that allows an individual to outline their wishes regarding medical treatment in the event that they become unable to communicate their decisions due to a serious illness or incapacitation. This document is specifically used to guide healthcare providers and loved ones on how to proceed with medical care, often including decisions about life-sustaining treatment.

Who should have an Oregon Living Will?

Any adult resident of Oregon who wishes to have control over their future medical treatment should consider creating a Living Will. It's particularly important for those with strong preferences about end-of-life care or those who have a chronic illness, are in advanced age, or have high-risk jobs that could result in sudden incapacitation.

How do you create an Oregon Living Will?

To create a binding Oregon Living Will, the following steps should be taken:

  1. Obtain the appropriate forms, which are available from healthcare providers, legal offices, or online resources dedicated to Oregon state-specific legal documents.
  2. Clearly outline your healthcare preferences, such as conditions in which you would want or not want life-sustained treatment.
  3. Discuss your wishes with close family members and your primary healthcare provider to ensure they understand your preferences.
  4. Have the document signed in the presence of two witnesses, who must be adults and cannot be beneficiaries of your estate, your healthcare provider, or related to you by blood or marriage.
  5. Share copies of the signed document with your healthcare provider, a trusted family member, and perhaps a lawyer for safekeeping.

Can you change or revoke an Oregon Living Will?

Yes, an Oregon Living Will can be changed or revoked at any time by the person who created it, as long as they are of sound mind to make such decisions. To revoke, you can either communicate your wish to revoke it to your healthcare provider, destroy the document, create a new living will that contradicts the old one, or sign a written revocation. It is important to communicate any changes or revocation to your healthcare provider and anyone else who was given a copy of the original document.

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

No, an Oregon Living Will and a Durable Power of Attorney for Healthcare are not the same. While a Living Will specifies your healthcare wishes, a Durable Power of Attorney for Healthcare appoints someone else to make healthcare decisions on your behalf if you’re unable to do so. Both are important documents for managing your healthcare preferences but serve different purposes. It's often recommended to have both documents in place as part of a comprehensive approach to healthcare planning.

Common mistakes

Filling out an Oregon Living Will is an important step for individuals to ensure their healthcare wishes are respected, particularly in situations where they may not be able to communicate their decisions. However, there are common mistakes that can significantly impact the effectiveness of this document. Understanding these pitfalls can help in avoiding potential complications.

  1. Not clearly defining what constitutes a "life-sustaining treatment." Without specific definitions, caregivers and healthcare professionals may face uncertainty regarding the patient's true intentions.

  2. Failing to discuss the contents of the Living Will with family members and healthcare providers. This oversight can lead to confusion and conflict during critical moments when decisions need to be made swiftly.

  3. Overlooking the need to appoint a durable power of attorney for healthcare decisions. This person plays a crucial role in advocating for the patient's wishes as outlined in their Living Will, especially in scenarios not explicitly covered by the document.

  4. Not updating the document to reflect changes in personal wishes, health condition, or legal requirements. A Living Will should be a dynamic document that evolves as circumstances change.

  5. Assuming that the Living Will is universally applicable without checking state-specific requirements. Though Oregon laws may govern the document, its recognition can vary if the individual receives healthcare in another state.

  6. Forgetting to sign and date the form in the presence of the required witnesses or notary public. This formal procedure is critical for the document’s legal validity.

  7. Using vague or ambiguous language that leaves room for interpretation. Precise wording ensures that the individual's specific wishes are understood and followed.

  8. Omitting details about the scope of medical interventions they are willing to accept or refuse, including resuscitation, mechanical ventilation, and artificial nutrition and hydration. Detailed instructions provide clarity for those making decisions on the individual's behalf.

The careful completion of a Living Will is paramount to ensuring that it serves its intended purpose effectively. By steering clear of these common mistakes, individuals can better secure their healthcare autonomy and peace of mind for themselves and their loved ones.

Documents used along the form

In Oregon, when individuals are planning for future healthcare decisions, the Living Will form is often utilized to outline one's wishes concerning life-sustaining treatments in the event they become incapacitated and cannot make decisions for themselves. However, to ensure that one's healthcare preferences are fully respected, there are several other forms and documents that are commonly used alongside the Oregon Living Will. Each serves a unique purpose in the overall planning process, providing a comprehensive approach to managing healthcare decisions.

  • Advance Directive Form: This document combines a Living Will with a Durable Power of Attorney for Health Care. It not only lets individuals specify their preferences for medical treatments but also appoints a healthcare representative to make decisions on their behalf if they are unable to do so.
  • Durable Power of Attorney for Health Care (DPOA-HC): Separate from an Advance Directive, this document solely appoints a trusted individual to make healthcare decisions for someone if they become incapacitated, allowing for broader decision-making power beyond end-of-life treatment choices.
  • Physician Orders for Life-Sustaining Treatment (POLST) Form: A POLST form complements a Living Will by translating one's end-of-life care preferences into medical orders. This form is particularly useful for those who are seriously ill or at the end of life, ensuring their treatment preferences are followed by healthcare providers.
  • Do-Not-Resuscitate (DNR) Order: This specific medical order instructs healthcare providers not to perform CPR in the event of cardiac or respiratory arrest. It is signed by both the patient and their physician, indicating that it reflects informed consent based on the individual's medical condition and wishes.
  • HIPAA Authorization Form: The Health Insurance Portability and Accountability Act (HIPAA) authorization form allows healthcare providers to share an individual’s protected health information with designated persons. This is critical for ensuring that healthcare representatives have the information they need to make informed decisions.
  • Last Will and Testament: Although it primarily addresses the distribution of an individual's assets after death, having a Last Will in place can also include directives regarding the disposition of one's body, thus indirectly affecting healthcare decisions.
  • Organ and Tissue Donation Registry Form: For individuals who wish to donate their organs and tissues upon death, this form records their consent to donation and specifies which organs and tissues they wish to donate. Registration can be done through the state’s registry, ensuring wishes are followed.

While the Living Will is a crucial document for outlining healthcare wishes, it is most effective when supplemented with these additional forms and documents. Together, they provide a comprehensive legal framework that respects an individual's healthcare preferences, ensuring they are well-prepared for unforeseen medical situations. It's advisable for individuals to consult with healthcare professionals and legal experts when completing these documents to ensure that they accurately reflect their wishes and comply with Oregon state laws.

Similar forms

The Oregon Living Will form closely resembles the Advance Directive. Both documents allow individuals to state their preferences for medical treatment should they become unable to make decisions themselves. Each outlines specific instructions on life-sustaining treatments and end-of-life care, ensuring that the healthcare team follows the patient's wishes. Just like a Living Will, an Advance Directive can include preferences on issues like resuscitation, mechanical ventilation, and artificial nutrition and hydration.

A Durable Power of Attorney for Health Care (DPOA-HC) is another document akin to the Oregon Living Will form. While the Living Will specifies an individual's health care preferences, the DPOA-HC appoints someone else—a trusted family member or friend—to make health care decisions on the individual's behalf when they are no longer able to do so themselves. Both documents play crucial roles in advance care planning, but the DPOA-HC focuses on the designation of a proxy decision-maker, whereas the Living Will focuses on the individual’s specific treatment wishes.

The Do Not Resuscitate (DNR) order is a medical order that also shares similarities with the Oregon Living Will. Like a Living Will, a DNR is a written document that expresses a patient's wish to forgo resuscitation in the event their heart stops or they stop breathing. Although both documents guide emergency medical personnel and healthcare providers, the DNR specifically addresses the issue of resuscitation, whereas a Living Will covers a broader range of life-sustaining treatments.

The POLST (Physician Orders for Life-Sustaining Treatment) form is akin to the Oregon Living Will in its goal to ensure that a person’s wishes regarding medical treatment are respected, especially towards the end of life. Both are advance directive tools that guide healthcare professionals about the type of care a patient prefers when they are seriously ill or at the end of life. The key difference is that the POLST is a medical order signed by a doctor, applicable immediately, especially for those with serious illnesses, unlike the broader directives of a Living Will.

A Health Care Proxy document also shares similarities with the Oregon Living Will, as both involve directives concerning an individual's health care decisions. The Health Care Proxy specifically allows an individual to appoint a health care agent to make decisions on their behalf if they become incapacitated. While the Living Will focuses on specific wishes regarding treatment, the Health Care Proxy centers on appointing another person to make those decisions, typically covering a broader scope of decisions than a Living Will.

Finally, the Mental Health Declaration and Power of Attorney is somewhat comparable to the Oregon Living Will. This document specifically addresses decisions about mental health treatment and can designate a proxy to make decisions should the individual become incapable of doing so. Like a Living Will, it allows individuals to express their treatment preferences in advance, but it is focused on mental health care instead of broader medical treatments. Both documents empower individuals to have a say in their health care, tailoring their approach to different facets of care.

Dos and Don'ts

When preparing an Oregon Living Will, individuals are encouraged to meticulously follow guidelines to ensure their healthcare wishes are clearly documented and legally recognized. Given the significant nature of the document, attention to detail cannot be overstressed. Here are essential dos and don'ts to consider:

  • Do thoroughly read the instructions before you start filling out the Oregon Living Will form to understand the requirements and implications.
  • Do consider consulting with healthcare professionals to gain clarity on medical terms and conditions mentioned in the form.
  • Do use black ink or type your responses to ensure legibility for all parties involved, including healthcare providers and legal representatives.
  • Do discuss your wishes with family members, close friends, and your healthcare power of attorney to ensure they understand your preferences.
  • Do have the document witnessed or notarized, as required by Oregon law, to validate your Living Will.
  • Don't leave any sections blank; if a section does not apply, clearly mark it with "N/A" (Not Applicable) to indicate your acknowledgment of the question.
  • Don't sign the document without witnesses or outside the presence of a notary, as doing so may render the document unenforceable.
  • Don't forget to review and potentially update your Living Will periodically, especially after major life events such as marriage, divorce, or a significant change in health status.

Adhering to these guidelines can significantly contribute to the effectiveness and enforceability of an Oregon Living Will, ensuring that personal healthcare preferences are respected and followed.

Misconceptions

When considering creating a living will in Oregon, it's important to understand what it is and what it is not. Misconceptions can lead to confusion and wrong decisions. Below are five common misconceptions about the Oregon Living Will form explained clearly for your understanding.

  • Only for the Elderly: Many believe that living wills are only necessary for the elderly. However, unexpected medical situations can happen to anyone at any age. A living will allows any adult to outline their healthcare preferences in advance, regardless of their current health condition or age.

  • It’s the Same as a Last Will and Testament: Some think a living will and a last will and testament are the same. This is not true. A living will specifies your wishes regarding medical treatment if you cannot communicate them yourself, while a last will and testament deals with the distribution of your estate after your death.

  • Legally Binding in All States: Another misconception is that a living will executed in Oregon is automatically recognized and binding in all states. Laws vary by state. While many states recognize out-of-state documents, specific requirements and forms can differ. It's advisable to check the laws of any other state where you might receive healthcare.

  • Once Completed, It Cannot Be Changed: Some individuals hesitate to complete a living will, fearing it is permanent. However, you can update or revoke your Oregon living will at any time, as long as you are competent. Life changes, such as marriage, divorce, or a change in health status, often necessitate revising your living will.

  • Needs an Attorney to Be Valid: While consulting with an attorney can be beneficial, especially for complex personal situations, it is not a requirement for a living will to be valid in Oregon. To make a living will legally binding, you must comply with state-specific requirements, like having it witnessed by two individuals who meet certain criteria.

Key takeaways

The Oregon Living Will form, officially known as an Advance Directive, is a crucial document that allows individuals to outline their wishes regarding medical treatment in the event they are unable to communicate their decisions themselves. Understanding the key aspects of completing and utilizing this form can ensure that one's healthcare desires are respected and followed. Here are five essential takeaways:

  • Accuracy is essential: When filling out the Oregon Living Will, it's important to provide accurate and clear information. This includes specifying preferences about life-sustaining treatments, tube feeding, and other medical interventions. Understanding and accurately conveying these preferences ensures that healthcare providers have a clear directive to follow.
  • Legal requirements must be met: The document needs to be signed by the person creating the Living Will (the declarant) in the presence of two witnesses or a notary public. These witnesses must meet certain criteria — for example, they cannot be related to the declarant by blood, marriage, or adoption and cannot be entitled to any portion of the person’s estate upon death.
  • Communication with healthcare providers is critical: Once completed, it is essential to discuss the contents of the Living Will with healthcare providers to ensure they understand the individual's wishes. Providing a copy to the primary care physician and incorporating it into medical records can facilitate this understanding.
  • The document can be revoked or updated at any time: Circumstances and preferences can change. Therefore, it's important to know that the Living Will can be revoked or modified at any point. To do so, the individual must communicate this change in writing, through an oral declaration, or by creating a new Living Will.
  • Availability of the document is key in an emergency: In an emergency, it's vital that the Living Will can be easily accessed by health care providers or family members. Keeping a copy in an easily accessible place at home and providing copies to trusted family members, as well as the primary care physician, can ensure that the document is readily available when needed.

Understanding and following these guidelines can help ensure that the Oregon Living Will serves its intended purpose effectively, guiding healthcare providers and loved ones in making decisions that align with the individual’s personal wishes regarding medical treatment when they are not in a position to communicate those wishes themselves.

Please rate Blank Oregon Living Will Form Form
4.77
(Stellar)
224 Votes

Other Common Oregon Templates