Oregon Living Will Requirements
Based on Oregon Revised Statutes Chapter 127 (ORS 127.505-127.660)
Quick Summary
- Document type: Advance Directive
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
- Ombudsman witness required if signed in a care facility
Witness Requirements
Oregon requires 2 witnesses who are present when you sign your advance directive. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be the principal's health care representative or alternative health care representative
- A witness cannot be the principal's attending health care provider
- A witness must personally know the principal or the principal must provide proof of identity
- A witness must attest that the principal appears to be of sound mind and not under duress
- If the principal is in a long-term care facility, one witness must be an individual designated by the facility and qualified as specified by the Department of Human Services
When Your Living Will Takes Effect
Your Oregon living will becomes effective when the following conditions are met:
Terminal Illness
A health condition in which death is imminent and where the application of life-sustaining procedures would serve only to prolong the dying process.
Persistent Vegetative State
A condition in which the patient is permanently unconscious and lacks any awareness of self or environment, with no reasonable expectation of regaining consciousness.
Irreversible Condition
A condition for which, to a reasonable degree of medical certainty, there is no recovery and which makes the patient unable to make or communicate health care decisions.
Important Notes for Oregon
- Oregon follows ORS Chapter 127 (Powers of Attorney; Advance Directives)
- An advance directive may be witnessed by two witnesses OR acknowledged before a notary public
- Oregon combines the living will and health care power of attorney into a single advance directive form
- Oregon provides a statutory form under ORS 127.529
- An advance directive executed in another state is valid in Oregon if it complies with that state's law, the law of the state where executed, or Oregon law
- The advance directive may include specific instructions about life-sustaining treatment, artificially administered nutrition and hydration, and other health care preferences
- An advance directive may be revoked at any time by the principal
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.