A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Oregon, a living will is known as an Advance Directive for Health Care. Oregon law allows individuals to express their wishes regarding medical treatment through this legal document in case they become incapable of communicating their medical care preferences due to a terminal illness or severe injury. The Advance Directive enables a person to appoint a health care representative to make decisions on their behalf and to specify the extent of medical treatment they wish to receive, including the refusal of life-sustaining treatment or artificially provided nutrition and hydration. The document must be signed by the declarant and two witnesses. Oregon's statutes governing Advance Directives can be found in the Oregon Revised Statutes (ORS) 127.505 to 127.660 and 127.995. These statutes outline the requirements for creating a valid Advance Directive and provide the legal framework for its enforcement. It's important to note that a Do Not Resuscitate (DNR) order is a separate document that instructs health care providers not to perform CPR if a person's breathing or heartbeat stops. In Oregon, DNR orders are part of a Physician Orders for Life-Sustaining Treatment (POLST) form, which is designed for individuals with serious illnesses or frailty.