Advance Directives for Health Care in Oregon

Tuesday, June 23, 2020

    The form of Advance Directives for Health Care in Oregon is set forth in statute.

    In other states, Advance Directives for Health Care are sometimes called Living Wills, or Health Care Powers of Attorney.

    Only the form of Advance Directive set forth in Oregon statute is valid for Oregon residents.  The only exception to this is if the document was valid in another state where the person lived when he or she signed the document, and if the person has not changed or replaced that document since coming to Oregon.
    What is more, the form prescribed in Oregon Statute changes from time to time, and was changed recently, and, as of 2020, is expected to be changed again in the next year or two.

    A form that was valid when it was signed is still valid (if it is one of the newer forms, including all of the forms that were set out in statute at any time since 2000).  However, an Advance Directive for Health Care that used an old form that had been superceded at the time of signing is arguably not valid.

    A form that is different than the form prescribed by Oregon law (i.e. a form that was valid in some other state), is also invalid, unless the person was a resident of this other state at the time that the document was signed.

    In addition, the form prescribed by statute can be modified by additional or special conditions, which can be very worthwhile to discuss with a lawyer.