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An Oregon living will is also known as an advance directive form or an Oregon advance directive form. It is a legal document governed by Oregon law. The purpose of an Oregon living will is to explain your desires related to medical care. This document is used if you are unable to express your decisions for end-of-life care to help you avoid extraordinary suffering. It is often used in cases of advanced progressive illness, incurable injury, or other medical conditions for which there is no cure. Examples of decisions that you can document include your desires related to the use of life-sustaining treatment such as artificial hydration and nutrition, whether you have a do not resuscitate order (DNR) in place, and comfort care measures you would like used. Essentially, this is your way of explaining any and all of your decisions to both medical staff and your loved ones in the event you are unable to do so. It is an important estate planning document.
An Oregon living will is also used to name a healthcare representative as well as an alternate health care representative. The job of the healthcare representative named is to make your medical decisions if you cannot do it. There are specific laws in the State of Oregon that determine who can and cannot be named as your healthcare representative. An Oregon living will must also be signed by two witnesses or notarized. There are also state laws that determine who can sign as a witness. The witness may not be your treating healthcare provider or an attending healthcare provider and they may not be your named healthcare representative or your alternative representative.
The purpose of a living will is to explain your wishes as well as to make a difficult time easier for your family members. It isn't quite the same as relying on a power of attorney, a health care power of attorney (also known as a medical power of attorney), or a durable power of attorney. To learn more about any type of power of attorney, consult a lawyer. Creating a living will also does not make you automatically eligible to use Oregon's Death with Dignity Act. To learn more about the Death with Dignity Act, visit oregon.gov.
ORS Chapter 127: Oregon’s state law related to advance directives gives competent adults the ability to document their healthcare decisions in writing to be used if a time comes when they are no longer able to make their own decisions. The law also provides a list of individuals who are not allowed to act as their healthcare representative.
Because an Oregon living will deals with end of life issues, it’s also important for patients to ensure that they’ve created an Oregon last will and testament.
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