2021 Oregon Revised Statutes
Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death with Dignity
Section 127.529 - Form of advance directive.


______________________________________________________________________________
OREGON ADVANCE DIRECTIVE
FOR HEALTH CARE
• This Advance Directive form allows you to:
• Share your values, beliefs, goals and wishes for health care if you are not able to express them yourself.
• Name a person to make your health care decisions if you could not make them for yourself. This person is called your health care representative and they must agree to act in this role.
• Be sure to discuss your Advance Directive and your wishes with your health care representative. This will allow them to make decisions that reflect your wishes. It is recommended that you complete this entire form.
• The Oregon Advance Directive for Health Care form and Your Guide to the Oregon Advance Directive are available on the Oregon Health Authority’s website.
• In sections 1, 2, 5, 6 and 7 you appoint a health care representative.
• In sections 3 and 4 you provide instructions about your care.
The Advance Directive form allows you to express your preferences for health care. It is not the same as Portable Orders for Life Sustaining Treatment (POLST) as defined in ORS 127.663. You can find more information about the POLST in Your Guide to the Oregon Advance Directive.
This form may be used in Oregon to choose a person to make health care decisions for you if you become too sick to speak for yourself or are unable to make your own medical decisions. The person is called a health care representative. If you do not have an effective health care representative appointment and you become too sick to speak for yourself, a health care representative will be appointed for you in the order of priority set forth in ORS 127.635 (2) and this person can only decide to withhold or withdraw life sustaining treatments if you meet one of the conditions set forth in ORS 127.635 (1).
This form also allows you to express your values and beliefs with respect to health care decisions and your preferences for health care.
• If you have completed an advance directive in the past, this new advance directive will replace any older directive.
• You must sign this form for it to be effective. You must also have it witnessed by two witnesses or a notary. Your appointment of a health care representative is not effective until the health care representative accepts the appointment.
• If your advance directive includes directions regarding the withdrawal of life support or tube feeding, you may revoke your advance directive at any time and in any manner that expresses your desire to revoke it.
• In all other cases, you may revoke your advance directive at any time and in any manner as long as you are capable of making medical decisions.
1. ABOUT ME
Name: _______________
Date of Birth: _________
Telephone numbers: (Home) _____
(Work) _____ (Cell) _____
Address: __________________
E-mail: _______________
2. MY HEALTH CARE REPRESENTATIVE
I choose the following person as my health care representative to make health care decisions for me if I can’t speak for myself.
Name: _______________
Relationship: _________
Telephone numbers: (Home) _____
(Work) _____ (Cell) _____
Address: __________________
E-mail: _______________
I choose the following people to be my alternate health care representatives if my first choice is not available to make health care decisions for me or if I cancel the first health care representative’s appointment.
First alternate health care representative:
Name: _______________
Relationship: _________
Telephone numbers: (Home) _____
(Work) _____ (Cell) _____
Address: __________________
E-mail: _______________
Second alternate health care representative:
Name: _______________
Relationship: _________
Telephone numbers: (Home) _____
(Work) _____ (Cell) _____
Address: __________________
E-mail: _______________
3. MY HEALTH CARE INSTRUCTIONS
This section is the place for you to express your wishes, values and goals for care. Your instructions provide guidance for your health care representative and health care providers.
You can provide guidance on your care with the choices you make below. This is the case even if you do not choose a health care representative or if they cannot be reached.
A. MY HEALTH CARE DECISIONS:
There are three situations below for you to express your wishes. They will help you think about the kinds of life support decisions your health care representative could face. For each, choose the one option that most closely fits your wishes.
a. Terminal Condition
This is what I want if:
• I have an illness that cannot be cured or reversed.
AND
• My health care providers believe it will result in my death within six months, regardless of any treatments.
Initial one option only.
___ I want to try all available treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis and breathing machines.
___ I want to try to sustain my life with artificial feeding and hydration with feeding tubes and IV fluids. I do not want other treatments to sustain my life, such as kidney dialysis and breathing machines.
___ I do not want treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis or breathing machines. I want to be kept comfortable and be allowed to die naturally.
___ I want my health care representative to decide for me, after talking with my health care providers and taking into account the things that matter to me. I have expressed what matters to me in section B below.
b. Advanced Progressive Illness
This is what I want if:
• I have an illness that is in an advanced stage.
AND
• My health care providers believe it will not improve and will very likely get worse over time and result in death.
AND
• My health care providers believe I will never be able to:
- Communicate
- Swallow food and water safely
- Care for myself
- Recognize my family and other people
Initial one option only.
___ I want to try all available treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis and breathing machines.
___ I want to try to sustain my life with artificial feeding and hydration with feeding tubes and IV fluids. I do not want other treatments to sustain my life, such as kidney dialysis and breathing machines.
___ I do not want treatments to sustain my life, such as artificial feeding an hydration with feeding tubes, IV fluids, kidney dialysis or breathing machines. I want to be kept comfortable and be allowed to die naturally.
___ I want my health care representative to decide for me, after talking with my health care providers and taking into account the things that matter to me. I have expressed what matters to me in section B below.
c. Permanently Unconscious
This is what I want if:
I am not conscious.
AND
If my health care providers believe it is very unlikely that I will ever become conscious again.
Initial one option only.
___ I want to try all available treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis and breathing machines.
___ I want to try to sustain my life with artificial feeding and hydration with feeding tubes and IV fluids. I do not want other treatments to sustain my life, such as kidney dialysis and breathing machines.
___ I do not want treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis or breathing machines. I want to be kept comfortable and be allowed to die naturally.
___ I want my health care representative to decide for me, after talking with my health care providers and taking into account the things that matter to me. I have expressed what matters to me in section B below.
You may write in the space below or attach pages to say more about what kind of care you want or do not want.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
B. WHAT MATTERS MOST TO ME AND FOR ME:
This section only applies when you are in a terminal condition, have an advanced progressive illness or are permanently unconscious. If you wish to use this section, you can communicate the things that are really important to you and for you. This will help your health care representative.
This is what you should know about what is important to me about my life:
______________________________________________________________________________
This is what I value the most about my life:
______________________________________________________________________________
This is what is important for me about my life:
______________________________________________________________________________
I do not want life-sustaining procedures if I can not be supported and be able to engage in the following ways:
Initial all that apply.
___ Express my needs.
___ Be free from long-term severe pain and suffering.
___ Know who I am and who I am with.
___ Live without being hooked up to mechanical life support.
___ Participate in activities that have meaning to me, such as:
______________________________________________________________________________
If you want to say more to help your health care representative understand what matters most to you, write it here. (For example: I do not want care if it will result in....)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
C. MY SPIRITUAL BELIEFS
Do you have spiritual or religious beliefs you want your health care representative and those taking care of you to know? They can be rituals, sacraments, denying blood product transfusions and more.
You may write in the space below or attach pages to say more about your spiritual or religious beliefs.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4. MORE INFORMATION
Use this section if you want your health care representative and health care providers to have more information about you.
A. LIFE AND VALUES
Below you can share about your life and values. This can help your health care representative and health care providers make decisions about your health care. This might include family history, experiences with health care, cultural background, career, social support system and more.
You may write in the space below or attach pages to say more about your life, beliefs and values.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
B. PLACE OF CARE:
If there is a choice about where you receive care, what do you prefer? Are there places you want or do not want to receive care? (For example, a hospital, a nursing home, a mental health facility, an adult foster home, assisted living, your home.)
You may write in the space below or attach pages to say more about where you prefer to receive care or not receive care.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
C. OTHER:
You may attach to this form other documents you think will be helpful to your health care representative and health care providers. What you attach will be part of your Advance Directive.
You may list documents you have attached in the space below.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
D. INFORM OTHERS:
You can allow your health care representative to authorize your health care providers to the extent permitted by state and federal privacy laws to discuss your health status and care with the people you write in below. Only your health care representative can make decisions about your care.
Name: _______________
Relationship: _________
Telephone numbers: (Home) _____
(Work) _____ (Cell) _____
Address: __________________
E-mail: _______________
5. MY SIGNATURE
My signature: _______________
Date: _________
6. WITNESS
COMPLETE EITHER A OR B WHEN YOU SIGN
A. NOTARY:
State of ____________
County of ____________
Signed or attested before me on _____,
2___, by _______________.
________________________
Notary Public - State of Oregon
B. WITNESS DECLARATION:
The person completing this form is personally known to me or has provided proof of identity, has signed or acknowledged the person’s signature on the document in my presence and appears to be not under duress and to understand the purpose and effect of this form. In addition, I am not the person’s health care representative or alternative health care representative, and I am not the person’s attending health care provider.
Witness Name (print): ________
Signature: _______________
Date: _______________
Witness Name (print): ________
Signature: _______________
Date: _______________
7. ACCEPTANCE BY MY HEALTH CARE REPRESENTATIVE
I accept this appointment and agree to serve as health care representative.
Health care representative:
Printed name: _______________
Signature or other verification of acceptance:
Date: _________
First alternate health care representative:
Printed name: _______________
Signature or other verification of acceptance:
Date: _________
Second alternate health care representative:
Printed name: _______________
Signature or other verification of acceptance:
Date: _________
______________________________________________________________________________ [2021 c.328 §2]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death with Dignity

Section 127.002 - Definitions for ORS 127.005 to 127.045.

Section 127.005 - When power of attorney in effect; accounting to conservator.

Section 127.015 - Revocation of power of attorney; termination of agent’s authority not effective until death or other event known.

Section 127.505 - Definitions for ORS 127.505 to 127.660.

Section 127.510 - Appointment of health care representative and alternate health care representative; duration.

Section 127.515 - Execution; witnesses; out-of-state execution.

Section 127.520 - Persons not eligible to serve as health care representative; manner of disqualifying persons for service.

Section 127.525 - Acceptance of appointment; withdrawal.

Section 127.527 - Form for appointing health care representative.

Section 127.529 - Form of advance directive.

Section 127.532 - Appointment; term of office; rules.

Section 127.533 - Duties; advance directive elements; reports.

Section 127.535 - Authority of health care representative; duties; objection by principal.

Section 127.540 - Limitations on authority of health care representative.

Section 127.545 - Revocation of advance directive or health care decision; when revocation effective; effect of executing form appointing health care representative.

Section 127.550 - Petition for judicial review of advance directives; scope of review; authority to file petition.

Section 127.555 - Designation of attending physician or health care provider; liability of health care representative and health care provider.

Section 127.560 - Provisions not exclusive; effect of provisions on civil and criminal liability of health care representative and provider.

Section 127.565 - Independent medical judgment of provider; effect of advance directive on insurance.

Section 127.570 - Mercy killing; suicide.

Section 127.580 - Presumption of consent to artificially administered nutrition and hydration; exceptions.

Section 127.625 - Providers under no duty to participate in withdrawal or withholding of certain health care; duty of provider who is unwilling to participate.

Section 127.635 - Withdrawal of life-sustaining procedures; conditions; selection of health care representative in certain cases; required consultation.

Section 127.642 - Principal to be provided with certain care to insure comfort and cleanliness.

Section 127.646 - Definitions for ORS 127.646 to 127.654.

Section 127.649 - Health care organizations required to have written policies and procedures on providing information on patient’s right to make health care decisions.

Section 127.652 - Time of providing information.

Section 127.654 - Scope of requirement; limitation on liability for failure to comply.

Section 127.658 - Effect of ORS 127.505 to 127.660 on previously executed advance directives.

Section 127.660 - Short title.

Section 127.663 - Definitions for ORS 127.663 to 127.684.

Section 127.666 - Establishment of registry; rules.

Section 127.669 - Oregon Health Authority not required to perform certain acts.

Section 127.700 - Definitions for ORS 127.700 to 127.737.

Section 127.702 - Persons who may make declaration for mental health treatment; period of validity.

Section 127.703 - Required policies regarding mental health treatment rights information; declarations for mental health treatment.

Section 127.712 - Scope of authority of attorney-in-fact; powers and duties; limitation on liability.

Section 127.720 - Circumstances in which physician or provider may disregard declaration.

Section 127.722 - Revocation of declaration.

Section 127.727 - Persons prohibited from serving as attorney-in-fact.

Section 127.730 - Persons prohibited from serving as witnesses to declaration.

Section 127.732 - Withdrawal of attorney-in-fact; rescission of withdrawal.

Section 127.736 - Form of declaration.

Section 127.737 - Certain other laws applicable to declaration.

Section 127.760 - Consent to health care services by person appointed by hospital; exceptions.

Section 127.765 - Health care advocate; appointment; powers; limitations; term; approval of certain decisions; protest; training; rules.

Section 127.800 - sect;1.01. Definitions.

Section 127.805 - sect;2.01. Who may initiate a written request for medication.

Section 127.810 - sect;2.02. Form of the written request.

Section 127.815 - sect;3.01. Attending physician responsibilities.

Section 127.840 - sect;3.06. Written and oral requests.

Section 127.850 - sect;3.08. Waiting periods.

Section 127.855 - sect;3.09. Medical record documentation requirements.

Section 127.860 - sect;3.10. Residency requirement.

Section 127.865 - sect;3.11. Reporting requirements.

Section 127.870 - sect;3.12. Effect on construction of wills, contracts and statutes.

Section 127.885 - sect;4.01. Immunities; basis for prohibiting health care provider from participation; notification; permissible sanctions.

Section 127.890 - sect;4.02. Liabilities.

Section 127.897 - sect;6.01. Form of the request.

Section 127.995 - Penalties.