Oregon Living Will (Advanced Medical Directive)

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OREGON LEGAL INFORMATION

Living Will (Advanced Medical Directive)-- Links and Statutes

  • Witnesses: Oregon law requires two individuals witness the signature of the maker;
  • Who may be a witness? The restrictions under Oregon law upon who may serve as a witness to a living will are as follows:
    "An advance directive must reflect the date of the principal’s signature. To be valid, an advance directive must be witnessed by at least two adults as follows:
    1. Each witness shall witness either the signing of the instrument by the principal or the principal’s acknowledgment of the signature of the principal.
    2. Each witness shall make the written declaration as set forth in the form provided in ORS 127.531.
    3. One of the witnesses shall be a person who is not:
      1. A relative of the principal by blood, marriage or adoption;
      2. A person who at the time the advance directive is signed would be entitled to any portion of the estate of the principal upon death under any will or by operation of law; or
      3. An owner, operator or employee of a health care facility where the principal is a patient or resident.
    4. The attorney-in-fact for health care or alternative attorney-in-fact may not be a witness. The principal’s attending physician at the time the advance directive is signed may not be a witness.
    5. If the principal is a patient in a long term care facility at the time the advance directive is executed, one of the witnesses must be an individual designated by the facility and having any qualifications that may be specified by the Department of Human Services by rule."
    Oregon Stat. Section 127.515(4).
  • Notary: There is no express provision in the Oregon statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;
  • Must health care agent sign form? The health care agent must sign the form before his or her appointment becomes effective;
  • Oregon Statutes containing living will requirements, ORS 127.505 to 127.660.
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