Healthcare Directives: Making Your Medical Wishes Known
An advance directive ensures your medical preferences are honored when you can't speak for yourself. Every adult in Oregon should have one.
Every competent adult in Oregon has the right to make their own medical decisions. But what happens when illness, injury, or cognitive decline makes it impossible to communicate those decisions? Without a properly executed healthcare directive, your family may face agonizing uncertainty — and healthcare providers may be legally required to take measures that contradict your values and wishes.
What Is an Oregon Advance Directive?
Oregon's Advance Directive is a legal document — authorized by ORS 127.505 through 127.660 — that allows you to document your medical treatment preferences and designate a healthcare representative to make decisions on your behalf when you cannot. Unlike a financial power of attorney, which operates during any period of incapacity, an advance directive is specifically focused on healthcare decisions, including life-sustaining treatment, artificial nutrition and hydration, pain management, and organ donation.
The Healthcare Representative
Designating a healthcare representative — sometimes called a healthcare proxy or healthcare agent — is one of the most important decisions in your advance directive. This person speaks for you when you cannot speak for yourself. They should understand your values, be able to communicate clearly with medical professionals under stress, and have the emotional resilience to make difficult decisions while honoring your wishes rather than their own preferences. Choose this person carefully, and have a thorough conversation with them about your values before signing the document.
Instructions for Healthcare
Beyond designating a representative, an Oregon Advance Directive allows you to document specific instructions about your care. Common provisions address:
- Whether you wish to receive life-sustaining treatment if you have a terminal condition
- Your preferences regarding artificial nutrition and hydration
- Instructions for comfort care and palliative pain management
- Preferences regarding resuscitation (CPR) in specific circumstances
- Organ and tissue donation wishes
POLST: A Companion Document for Serious Illness
For individuals with serious illness, advanced age, or significant frailty, Oregon also recognizes a POLST (Portable Orders for Life-Sustaining Treatment) form. Unlike an advance directive, which is a planning document, a POLST is an actual medical order signed by a physician. It travels with the patient and directs emergency responders and healthcare providers in real time. An advance directive and a POLST serve complementary purposes and, for many patients, should both be in place.
Completing an Oregon Advance Directive does not require an attorney, but working with an estate planning attorney ensures that the document is properly executed, stored securely, and integrated with your broader estate plan. Contact our office to include a healthcare directive as part of your comprehensive plan.