The Oregon Advance Directive

The Oregon advance directive is an essential part of any estate plan. This article will explain what an advance directive is and how it works.

History Of The Advance Directive

Created in 1993 by the state legislature, the Oregon advance directive was one of the first medical directives in the country that was created by state law. The advance directive has undergone several changes since its inception in 1993.

Nominating A Health Care Representative

The first part of the advance directive allows a person to nominate a health care representative. The health care representative will make medical decisions for the person who nominated them if that person is unable to make medical decisions for themself.

An example of a situation where a health care representative might need to make health care decision for someone is if that person was in a coma.

The advance directive allows a person to nominate a health care representative and it also allows alternates to be named. If the named health care representative is unable to serve as health care representative for whatever reason, the alternate will then step up to serve as health care representative. Multiple alternates can be named, in order of preference of serving as health care representative.

In order for a nomination of a health care representative to be valid, the person nominated needs to indicate they accept the nomination. This is usually done by having the nominated health care representative sign and date the advance directive.

Speaking For Yourself When You Are Unable To

During your everyday life, you choose what type of medical treatment you receive. You should still be able to speak for yourself and choose what type of medical treatment you receive even if you cannot speak for yourself. It’s your life, your body, your medical treatment. The advance directive allows your bodily autonomy and decision making to be respected even when you become incapacitated.

The second part of the advance directive, and the bulk of the document, is a space for a person to write down what type of medical treatment they would want to receive under a certain situation. This is perhaps the most important part of the document, as it is a space for you to speak for yourself when you are unable speak.

Terminal Condition

The first situation listed is if you have a “terminal condition.” This means that you have an illness or condition that cannot be cured or reversed and your medical providers think you will die in the next six months, regardless of any treatment provided.

Advanced Progressive Illness

The second situation is if you have an “advanced progressive illness,” which means you have an illness or condition that is at an advanced stage, your medical providers your condition will likely not improve and will likely progress, and you are also will likely be permanently unable to communicate, care for yourself, recognize friends and family, etc.

Permanently Unconscious

The third situation is if you are unconscious and not likely to ever recover consciousness again.

Each situation has a space for you to choose what kind of treatment you would want to receive if you were experiencing the situation. There is also a space for you to write down your thoughts about what kind of treatment you want to receive.

The next part of the advance directive allows you to write down what is important for you, what you value most about life, if you have any religious or spiritual beliefs that impact what type of medical treatment you would want to receive, and if you have a preference on where you receive medical treatment.

You are also allowed to attach any relevant documents to your advance directive. Those documents become part of your advance directive.

HIPAA Release

The last part of your advance directive will be a HIPAA release, so your health care representative can have access to your medical records. This is important, as you will want your health care representative to have all information available to them so they can make an informed decision.

Conclusion

I value personal autonomy and decision making. I think the advance directive is one of the most important parts of an estate plan that impacts you while you’re alive. I strongly recommend that everyone who is a resident of Oregon complete an advance directive. Contact me today if you are interested in having an advance directive prepared for you.