Oregon Advance Directives: The Most Overlooked Document in Estate Planning
Most people think estate planning is about what happens after you die. But there’s one document that matters just as much while you’re still alive—especially if you ever lose the ability to speak for yourself.
It’s called the Advance Directive for Health Care, and in Oregon, every adult should have one.
What Is an Advance Directive?
An Advance Directive is a legal document that allows you to do two things:
Appoint a health care representative—someone you trust to make medical decisions if you’re incapacitated
State your preferences for the kind of care you’d want (or not want) in end-of-life situations
Oregon updated its Advance Directive form in 2021. It’s now the only version recognized statewide. Older versions are no longer legally valid. That matters if you did your planning before the update or used an out-of-state template.
Why This Document Matters
This isn’t just about “pulling the plug.”
It’s about making sure the right person has legal authority to speak with your doctors and make critical choices if you’re unable to. It’s about avoiding confusion, conflict, and court intervention.
Here are a few real-world examples:
Two adult children, different opinions. You’re in a coma after an accident. One child wants to pursue every treatment; the other wants to prioritize quality of life. Without a named representative, both can give input—and the hospital is stuck in the middle.
Unmarried partners. You’ve lived together for 10 years, but never married. If your partner isn’t named in an Advance Directive, they may be excluded from decisions—while distant relatives step in by default.
Estranged family. You’re single and don’t have close family ties. If you haven’t named anyone, Oregon law may put someone in charge who doesn’t know you—and doesn’t share your values.
These scenarios happen every day. And they’re preventable with one form.
How the Oregon Advance Directive Works
The form has two main parts:
1. Health Care Representative
You name someone to make medical decisions on your behalf if you become unable to make them yourself. You can also name one or more alternates, in case your first choice is unavailable.
You decide how much discretion they have. Some people give broad authority. Others include specific instructions. Either way, the goal is clear: legal clarity when it matters most.
2. Treatment Preferences
This section allows you to express your wishes around life-sustaining treatment, including:
Feeding tubes
Ventilators
Resuscitation
Comfort-only care
You can be detailed or leave it blank and let your representative decide. Either way, you retain control—now and later.
Execution Requirements (And a Common Mistake)
Oregon does not require notarization. All you need are two adult witnesses. But there are restrictions:
Your witnesses can’t be:
– Your named health care representative
– Your doctor
– Anyone who works for your health care provider
This is where many people go wrong. Having the wrong witnesses can invalidate the form—leaving you unprotected when you thought you were covered.
What About a POLST?
Many people confuse Advance Directives with POLST forms.
Here’s the difference:
Advance Directive: A legal planning document that names a decision-maker and expresses your general values. It only takes effect if you’re incapacitated.
POLST (Physician Orders for Life-Sustaining Treatment): A medical order used for people with serious illness or limited life expectancy. It provides immediate instructions for emergency responders. It’s filled out with a health care provider—not a lawyer.
You can (and sometimes should) have both. But every adult in Oregon should have an Advance Directive. Not everyone needs a POLST.
What It Doesn’t Cover
It’s also worth noting: a financial power of attorney does not give medical decision-making authority in Oregon. They’re separate tools, and you need both in a complete estate plan.
And no—the hospital won’t “just figure it out.” Without a valid Advance Directive, loved ones may be locked out of your care, or forced to seek court intervention just to get the authority to help.
Why We Include It in Every Plan
At Track Town Law, the Advance Directive isn’t optional or extra. It’s included in every flat-fee estate plan—because it’s not just a form. It’s a safeguard for your autonomy, your dignity, and the people you trust.
Whether you want your spouse, your best friend, or your adult child to be the one speaking for you—this is how you make sure they’re heard.
Final Thought
Estate planning isn’t just about what happens after death. It’s about protecting your voice while you’re alive. An Advance Directive ensures that when you can’t speak for yourself, someone you trust can—and that they’ll be heard, legally and clearly.
If you already have an Advance Directive, take a moment to make sure it’s the current Oregon version and still reflects your wishes. If you don’t—or if you’re not sure—we should talk.
You can learn more about flat-fee pricing or book a free consultation directly at tracktownlaw.com.
In the next post, we’ll cover HIPAA Authorizations—another document that determines who can access your medical information. It’s often overlooked, but critical to making your Advance Directive actually work.
