What Is a Health Care Directive?
A health care directive is a legal document that allows you, as a capable adult in Oregon, to plan for future medical decisions in case you become unable to make or communicate those decisions yourself. ORS § 127.505 (2021), ORS § 127.510 (2021). Oregon law recognizes advance directives as tools to ensure your health care preferences are respected and that someone you trust can make medical decisions on your behalf if needed.
Two Core Components
Under Oregon law, an advance directive typically contains two key elements: ORS § 127.505 (2021)
- Appointment of a Health Care Representative: You designate a trusted person (and optional alternates) to make health care decisions for you if you become incapable. ORS § 127.510 (2021). Your health care representative steps in only when you can no longer make decisions yourself.
- Written Instructions: You provide guidance about your values, beliefs, and preferences regarding medical treatment—such as life-sustaining procedures, artificially administered nutrition and hydration, and other health care choices. ORS § 127.505 (2021), ORS § 127.533 (2021). These instructions help your representative and medical providers understand what matters most to you.
Who Can Create One?
Any capable adult in Oregon may execute an advance directive. ORS § 127.510 (2021). This includes individuals 18 years or older, as well as emancipated or married minors. ORS § 127.505 (2021).
How to Make It Valid?
To be effective, your advance directive must be: ORS § 127.515 (2021)
Signed by you (the principal), and
Either witnessed and signed by at least two adults or notarized by a notary public.
Once properly executed, your advance directive becomes part of your medical record when you provide it to your health care provider. ORS § 127.510 (2021).
Priority and Updates
If you execute a new advance directive, it supersedes any previously executed directive. ORS § 127.533 (2021). If you have both an advance directive and a separate document appointing only a health care representative, and they conflict, the most recently executed document controls. ORS § 127.545 (2018). You may also attach supplementary materials to your directive to further explain your treatment preferences, and those materials become part of the directive. ORS § 127.505 (2021), ORS § 127.533 (2021).
Accepted Across State Lines
Oregon honors advance directives and similar documents validly executed in other states, as long as they comply with the laws of that state, Oregon law, or the laws of the state where you were located when you signed the document. ORS § 127.515 (2021).
Why It Matters?
A health care directive gives you control over your medical care even when you cannot speak for yourself. It provides clear guidance to your loved ones and health care providers, reducing uncertainty and ensuring that your wishes are honored during critical moments.
