ORS 127.529
Form of advance directive

An advance directive executed by an Oregon resident or by a resident of any other state while physically present in this state must be in substantially the following form:
• 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 (Definitions for ORS 127.663 to 127.684). 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 (Withdrawal of life-sustaining procedures) (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 (Withdrawal of life-sustaining procedures) (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
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]

Source: Section 127.529 — Form of advance directive, https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html.

127.002
Definitions for ORS 127.005 to 127.045 127.005
When power of attorney in effect 127.015
Revocation of power of attorney 127.025
Authority under power of attorney recognizable regardless of date of execution 127.035
Limitations on liability of person reasonably relying on power of attorney 127.045
Duty of agent under power of attorney 127.505
Definitions for ORS 127.505 to 127.660 127.507
Capable adults may make own health care decisions 127.510
Appointment of health care representative and alternate health care representative 127.515
Execution 127.520
Persons not eligible to serve as health care representative 127.525
Acceptance of appointment 127.527
Form for appointing health care representative 127.529
Form of advance directive 127.532
Appointment 127.533
Duties 127.535
Authority of health care representative 127.540
Limitations on authority of health care representative 127.545
Revocation of advance directive or health care decision 127.550
Petition for judicial review of advance directives 127.555
Designation of attending physician or health care provider 127.560
Provisions not exclusive 127.565
Independent medical judgment of provider 127.570
Mercy killing 127.575
Instrument presumed valid 127.580
Presumption of consent to artificially administered nutrition and hydration 127.625
Providers under no duty to participate in withdrawal or withholding of certain health care 127.635
Withdrawal of life-sustaining procedures 127.640
Physician to determine that conditions met before withdrawing or withholding certain health care 127.642
Principal to be provided with certain care to insure comfort and cleanliness 127.646
Definitions for ORS 127.646 to 127.654 127.649
Health care organizations required to have written policies and procedures on providing information on patient’s right to make health care decisions 127.652
Time of providing information 127.654
Scope of requirement 127.658
Effect of ORS 127.505 to 127.660 on previously executed advance directives 127.660
Short title 127.663
Definitions for ORS 127.663 to 127.684 127.666
Establishment of registry 127.669
Oregon Health Authority not required to perform certain acts 127.672
POLST not required 127.678
Confidentiality 127.681
Immunity from liability 127.684
Short title 127.700
Definitions for ORS 127.700 to 127.737 127.702
Persons who may make declaration for mental health treatment 127.703
Required policies regarding mental health treatment rights information 127.705
Designation of attorney-in-fact for decisions about mental health treatment 127.707
Execution of declaration 127.710
Operation of declaration 127.712
Scope of authority of attorney-in-fact 127.715
Prohibitions against requiring person to execute or refrain from executing declaration 127.717
Declaration to be made part of medical record 127.720
Circumstances in which physician or provider may disregard declaration 127.722
Revocation of declaration 127.725
Limitations on liability of physician or provider 127.727
Persons prohibited from serving as attorney-in-fact 127.730
Persons prohibited from serving as witnesses to declaration 127.732
Withdrawal of attorney-in-fact 127.736
Form of declaration 127.737
Certain other laws applicable to declaration 127.760
Consent to health care services by person appointed by hospital 127.765
Health care advocate 127.800
§1.01. Definitions 127.805
§2.01. Who may initiate a written request for medication 127.810
§2.02. Form of the written request 127.815
§3.01. Attending physician responsibilities 127.820
§3.02. Consulting physician confirmation 127.825
§3.03. Counseling referral 127.830
§3.04. Informed decision 127.835
§3.05. Family notification 127.840
§3.06. Written and oral requests 127.845
§3.07. Right to rescind request 127.850
§3.08. Waiting periods 127.855
§3.09. Medical record documentation requirements 127.860
§3.10. Residency requirement 127.865
§3.11. Reporting requirements 127.870
§3.12. Effect on construction of wills, contracts and statutes 127.875
§3.13. Insurance or annuity policies 127.880
§3.14. Construction of Act 127.885
§4.01. Immunities 127.890
§4.02. Liabilities 127.892
Claims by governmental entity for costs incurred 127.895
§5.01. Severability 127.897
§6.01. Form of the request 127.995
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 127.529’s source at oregon​.gov