Types of Advance Directives in Oregon

September 25th, 2025
Posted By
Sarah M. Litowich
Advance health care directive
Estate planning involves much more than creating a plan to ensure your property will be distributed in the way you desire when you pass away. It can also address your preferences for end-of-life care and medical treatment in the event of incapacity. Significantly, there are several types of advance directives that can allow you to provide instructions regarding your healthcare and your wishes for the treatment you want to receive if you cannot communicate them.

The Oregon Advance Directive for Healthcare

Advance directives can help ensure your wishes for healthcare will be carried out if you can no longer make these decisions for yourself. The Oregon advance directive for healthcare allows you to share your values with your loved ones and healthcare providers. Specifically, it allows you to express your preferences for the type of healthcare you would like to receive in the event of terminal illness or permanent unconsciousness. The advance directive can allow you to document your preferences regarding the following:
  • Life support
  • Tube feeding and hydration
  • Kidney dialysis
  • Breathing machines
  • Antiviral or antibiotic medications
  • Organ donation
  • End-of-life care
  • Place of care
In addition, you can appoint a healthcare representative who will make decisions on your behalf in this document. However, they must accept the appointment for their authority to go into effect. You can also name an alternate healthcare representative who can act if your first choice is not available or unwilling to serve in the role. In order to be effective, an advance directive must be signed and witnessed by two witnesses or a notary. An advance directive can be revoked at any time as long as you are still capable of making your own medical decisions. However, if your advance directive includes directions regarding the withdrawal of life support or tube feeding, you can revoke the document at any time and by any manner that expresses your wish to revoke it.

Portable Orders for Life-Sustaining Treatment (POLST)

Portable Orders for Life-Sustaining Treatment (POLST) are not the same as the Oregon advance directives. This document is a medical order that translates a patient’s medical wishes into clear instructions for doctors and healthcare professionals. While an advance directive can be put into place at any time, even while you are healthy, a POLST is only for someone who is terminally ill. It is not for someone with a temporary disability — it is strictly for an individual who has a serious progressive illness, such as cancer that has spread, and is near the end of their life. POLSTs are always voluntary and can never be required by a healthcare facility. The individual signing the document must have an opportunity to make a fully informed choice regarding their completion of the form. It should only be completed once the individual has had the opportunity to have a conversation with a doctor or healthcare professional.

Do-Not-Resuscitate (DNR) Orders

A Do-Not-Resuscitate order, commonly referred to as a “DNR” order, is a type of advance directive that provides instructions to withhold cardiopulmonary resuscitation if your breathing stops or your heart is no longer beating. This form can exist on its own, be part of a POLST, or included in an advance directive. Notably, a DNR order only addresses CPR — it does not include provisions concerning artificial nutrition, medications, or other life-sustaining measures. To be valid, the DNR form must be in English and signed by a physician or nurse practitioner. You must have the capacity to agree to the DNR order. Otherwise, your healthcare representative can agree to the order for you if you are not able to make decisions for yourself. But in these cases, you must have a valid advance directive in place that authorizes a designated individual to make healthcare decisions on your behalf.

What Happens if You Do Not Have Advance Directives in Place?

If you do not have advance directives in place, there is an established priority order under Oregon law that allows your family members to make the decision to withdraw or withhold life-sustaining procedures if you are terminally ill or permanently unconscious. The order is as follows:
  • Legal guardian
  • Spouse
  • The majority of adult children who can be located
  • Either parent
  • The majority of adult siblings who can be located
  • Any adult relative or friend
  • The attending physician or healthcare provider, if none of the above are available
It’s important to understand that without an advance directive, your loved ones may not know your wishes for your end-of-life care. It’s best to work with a knowledgeable estate planning attorney who can help ensure you have the necessary documents in place to carry out your wishes.

Contact an Experienced Oregon Estate Planning Attorney

Advance directives are a crucial component of a comprehensive estate plan. Based in Salem, Litowich Law can help you and your family navigate the estate and incapacity planning process to ensure you have peace of mind. We welcome you to contact us for a consultation.
Categories: Estate Planning