home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Complete Home & Office Legal Guide
/
Complete Home and Office Legal Guide (Chestnut) (1993).ISO
/
tut
/
or.sum
< prev
next >
Wrap
Text File
|
1993-09-13
|
3KB
|
58 lines
#define.stb Definitions of legal terms
#help.tut Extra help
SUMMARY OF STATE LIVING WILL LEGISLATION
OREGON
Synopsis: Living wills in Oregon are only effective for five
years after execution. (If a terminal illness occurs and the
declarant is unconscious, then the living will remains in effect,
even if this exceeds five years). Thus, a new living will must be
executed every five years. The Oregon law has characteristics of
both "weak" and "strong" statutes. If a person executes a living
will more than 14 days prior to a terminal illness, then the
living will does not have to be implemented unless the physician,
after consultation with the family of the declarant, finds that
the living will in fact represents the declarant's desires. On
the other hand, if the living will was executed after a terminal
diagnosis, then the will is deemed by the Oregon Statute to
represent the intent of the declarant. In this instance, the same
is to be implemented. Any physician choosing not to implement the
directive is required to attempt to transfer the patient. In any
event, the living will must be made a part of the patient's
records. To prepare an Oregon living will using the state
mandated form, please return to the opening menu for further
directions. Remember that the publisher recommends preparing a
"uniform" living will in addition to the form mandated for use by
the State of Oregon. Please also consider executing a living will
for any State that you spend more than a few weeks per year, or
where you are a temporary resident.
Statute number: Or. Rev. Stat. 97.050
Statute title: "Oregon Rights With Respect to Terminal Illness
Act"
Governmental Agency to contact for more information: None
specified
A specific form of living will is REQUIRED - ANY CHANGES TO THE
STATE PROVIDED FORM WILL PROBABLY INVALIDATE THE LIVING WILL
Witness requirements: Number: 2 Relationship: Witnesses may not
be related by blood or marriage, may not have claims against the
estate of the decedent, may not be entitled to any portion of the
estate of the decedent either by will or intestacy, may not be
the attending physician or an employee of the attending
physician, or health facility in which the declarant is a
patient. If the declarant is in a "house for the aged" one of the
witnesses must be a designated witness approved by the Department
of Human Resources to be a witness.
Recording of the living will is not provided for
Revocation of the living will may be made by physical destruction
of the living will, or by a separate instrument revoking the
same. A verbal revocation is provided for by the statute.