Author Archive

Question:
Who should get copies of my Advance Directive?

Answer:
After signing your Advance Directive you should give a copy to your heath care representative(s), your physicians, family members, your attorney, and anyone else that may be involved with your health care. Keep a list of persons who have a copy of your Advance Directive. If you later change or revoke your Advance Directive, you will want to destroy the outdated copies.

Question:
Is an Advance Directive the same as mercy killing?

Answer:
No. The law governing Advance Directives does not condone, authorize, or approve mercy killing, or permit a deliberate act to end life. Instead, an Advance Directive allows you to express your wishes and your choices concerning your health care and life sustaining treatment.

Question:
Can anyone make me complete an Advance Directive even if I do not want to?

Answer:
Absolutely not. It is illegal for anyone to require that you execute an Advance Directive as a condition of receiving health care services or health insurance coverage.

Question:
I would like to be an organ donor. Can my Advance Directive indicate that I want to be an organ donor?

Answer:
Yes. You can include any special instructions you want in your Advance Directive. You can also include any restrictions you want on how your representative will make decisions for you. You can include instructions for health care providers to follow if you become unable to direct your care.

Question:
Can I make my own Advance Directive?

Answer:
Oregon law requires that an Advance Directive is made in a specific form. Your Advance Directive will not be valid if it is not in the correct form. All health care facilities and organizations have the correct forms and will provide them to you. You can also have your attorney prepare the form for you as part of your estate plan.

Question:
Does an Advance Directive need to be witnessed? If so, who can witness an Advance Directive?

Answer:
Yes. An Advance Directive must be signed by two witnesses. Only one witness may be related by blood, marriage, or adoption, or plan to inherit any part of or have any claim against your estate. This restriction includes owners, operators, or employees of a health care facility where you are a patient or resident. The health care representative, alternate representative, or your attending physician cannot be witnesses.

Question:
What if I’ve signed more than one Advance Directive? Which one will be effective?

Answer:
In the event that you signed more than one Advance Directive, none of which have been revoked, the most recently signed Advance Directive will be considered your last wishes and the one given effect.

Question:
Once I have an Advanced Directive in place can I revoke it?

Answer:
You can revoke an Advanced Directive at any time, regardless of your mental or physical condition.

Question:
How long is an Advance Directive valid?

Answer:
Unless you limit your Advance Directive to an certain period, it is effective from the date you sign it until you die, or until you revoke it.

Question:
When should I get an Advance Directive?

Answer:
An Advance Directive can be done at any time, but is often done as part of the estate planning process.