The Role of Advance Directives in Estate Planning

July 23rd, 2024
Posted By
Sarah M. Litowich
Medical Advance directive form and book with glasses - what is an advance directive
Estate planning encompasses much more than writing a will or putting your assets into trusts. It also involves planning for the event of incapacity. Importantly, an advance directive is a tool that can be used to help ensure your wishes are carried out regarding your medical treatment in the event you are unable to communicate them yourself.

What is an Advance Directive?

An advance directive is a legal document that can be included as part of a comprehensive estate plan, or it can be executed as a separate document on its own. It allows individuals to set forth their healthcare preferences and appoint a representative to make medical decisions for them if they are unable to do so for themselves. An advance directive ensures that if a person cannot communicate their wishes regarding the type of treatment they would like to have rendered — as well as the treatment you would not want to receive. However, an advance directive is not a medical order. It is a document that is used for guidance if you are unable to provide it to your doctor yourself.

What is Required to Create an Advance Directive?

It’s essential that your advance directive is completed correctly and is legally valid. Oregon law imposes several requirements concerning advance directives. Specifically, the signing of the advance directive document must be witnessed by two individuals, neither of whom can be your designated healthcare representative or attending physician. To be effective, it must also contain certain information, including your name, date of birth, address, and contact information — as well as the name, date of birth, address, and contact information for your designated healthcare representative. An Oregon advance directive can establish the following:
  • Appoint a health care representative — One of the most important things you will do in your advance directive is appoint your health care representative. If you do not choose an individual to be your representative, a decision-maker would be assigned under Oregon law if you become incapacitated. While most people appoint a close family member, you can also designate any other relative or a friend to make decisions on your behalf. You should also appoint an alternative representative in case your primary healthcare representative is not available. However, only one healthcare representative can represent you at a time.
  • The type of life-sustaining treatment you would like to receive — Your advance directive can outline your wishes when it comes to life-sustaining treatment you would like to receive if you are facing a terminal illness. This can include things like artificial ventilation, artificial feeding, hydration, CPR, dialysis, and other invasive procedures.
  • End of life measures — With an advance directive, you can specify the end of life measures you wish to be taken if you are battling an advanced illness and ensure they align with your values and beliefs.
Once you have completed the advance directive, discuss your objectives with your designated representative and alternate representative. Make certain your representative and health care provider have copies of your advance directive. It’s also crucial to make sure your healthcare representative has the HIPAA authorizations they need to access your medical records. In addition, you should make sure your loved ones know who your representative is and what your health care preferences are.

Can You Make Changes to Your Advance Directive?

Once you have signed your advance directive, it’s vital to review it from time to time — or when major life events occur — to make sure it aligns with your current wishes. For instance, you should consider reviewing it if a loved one or your designated health care representative passes away, if you divorce, or in the event you receive a diagnosis for a serious illness. It’s particularly important to take a look at any directive you have in place if your health gets worse and you are unable to care for your own daily needs. You can make changes to your advance directive at any time, as long as you are of sound mind.

Contact an Experienced Oregon Estate Planning Attorney

An advance directive is critical to ensure your wishes are met in the event of incapacity. Without having an advance directive in place, a court might be required to determine who will make decisions on your behalf if you are unable to do so. An experienced estate planning attorney can work with you to create an advance directive that is legally valid and satisfies your objectives. Based in Salem, Litowich Law provides clients throughout Oregon with knowledgeable counsel for a variety of estate and incapacity planning matters. We welcome you to contact us to schedule a consultation to learn how we can help.
Categories: Estate Planning