Oregon Advance Directive Form
An Oregon advance directive is a form that gives a health care representative the legal ability to manage their health care if the principal becomes mentally incompetent. Under these circumstances, the health care representative has main two (2) responsibilities: 1) abiding by the principal’s medical preferences as listed in the advance directive and 2) choosing a principal’s health-related care if they have not specified what they want in a certain situation.
The health care representative only has authority if they accept the responsibility and a physician has confirmed the principal’s incapacitation. If the representative declines, the first or second alternate takes their place. The representative must fully understand the principal’s wishes and carry them out as desired. For example, the form allows the principal to state their preferences for life support and tube feeding if they are:
- Close to death;
- Permanently unconscious;
- Have an advanced progressive illness;
- Enduring extraordinary suffering; and/or
- Experiencing any other situation that they have listed in the form.
If the principal has not stated their preferences, a health care representative may be responsible for choosing the principal’s doctor, medical treatment, care facility, living situation, or caretaker. They must keep the principal’s best interest in mind at all times. If the agent makes a decision in good faith, they are not responsible if the principal condition worsens or they pass away.
When completing this form, the principal must appoint a representative, provide instructions for their health care, and include additional documents. A do-not-resuscitate (DNR) order is an example of a supplemental form. If the principal includes a DNR, a physician must sign to validate it (§ 127.505(2)(a)).
Signing requirements (§ 127.515(2)): Signed by the principal in presence of two (2) witnesses or notarized.