DO I NEED AN ATTORNEY TO DRAW UP AN ADVANCE DIRECTIVE?
NO! You may secure the forms from Oregon Health Decisions, your
lawyer or a legal stationary store. Many physicians also keep a supply
of the forms.
DOES IT HAVE TO BE NOTARIZED?
No. The forms have to be signed by two witnesses.
WHO CAN BE MY WITNESSES?
Two adults need to witness your advance directive when you sign it. One witness must not be a relative (by blood, marriage or adoption) of the person signing the advance directive. If you sign the advance directive prior to meeting with your witnesses, tell your witness that the signature is yours.
If you reside in a nursing home when you sign the advance directive, one of the witnesses must be an individual designated by the nursing home. Your second witness must not be a relative, anyone entitled to a part of your estate upon death, or owner/employee of the nursing home. Your second witness can be a friend, pastor, neighbor, nursing home roommate, volunteer, etc.
DO I HAVE TO APPOINT A HEALTH CARE REPRESENTATIVE AND FILL OUT THE HEALTH CARE INSTRUCTIONS?
You can fill out both parts or one or the other. Whatever you are comfortable with. However,
appointing a health care representative with whom you have discussed and documented your wishes
helps ensure those wishes will be followed.
IF I ALREADY HAVE A POWER OF ATTORNEY FOR HEALTH CARE DO I NEED TO COMPLETE AN ADVANCE DIRECTIVE?
If you have signed a power of attorney for health care prior to 1993, it is valid for seven years. If your power of
attorney for health care has not expired, you still may want to go ahead and fill out the advance directive form since
this document better covers your needs. There is an area in the advance directive you should initial saying that you had
a previous power of attorney and wish to revoke it.
IS MY DURABLE POWER OF ATTORNEY THE SAME AS A HEALTH CARE POWER OF ATTORNEY?
No. Your durable power of attorney applies to your financial affairs.
CAN THE PHYSICIAN SUPERSEDE MY HEALTH CARE REPRESENTATIVES INSTRUCTIONS?
Your health care representative has the authority to speak for you. If your physician
or health care facility is unable or unwilling to carry out those wishes, your representative
may then transfer you to the care of another physician or facility.