Advance Directive

What is an Advance Directive?

An Oregon Advance Directive for Health Care (Advance Directive) is the document used in Oregon to name a health care representative to make health care decisions for us when we are unable to make or communicate such decisions for ourselves, give instructions to that person, and provide information about our life and values to help them make decisions we couldn’t foresee. The Advance Directive is a form created by the Oregon legislature and set out in the Oregon Revised Statutes that combines and replaces a medical power of attorney/power of attorney for health care and a living will.

An Advance Directive is a durable document, meaning it generally stays in effect until you die or revoke/replace it. That said, you can revoke it at any time as long as you are able to make and communicate decisions regardless of content and any time at all if the Advance Directive includes instructions to withhold or withdraw tube feeding or other life support.

At Willamette Elder Law, an attorney will help you select an appropriate health care representative and alternates and walk you through the process of providing instructions and information to ensure those representatives make the decisions you would have made if they need to act for you. Those conversations will include issues that are not explicitly included in the raw form and which are unfortunately skipped over by many attorneys who prepare Advance Directives.

Who do we serve?

Three groups of people have very specific needs over and above traditional estate planning that Willamette Elder Law focuses on working with.

  1. People who have loved ones with disabilities and other special needs who are, or may become, reliant on government benefits.
  2. People who have chosen a family other than their biological or marital relatives who need to protect themselves and their families from problematic legal defaults.
  3. Entrepreneurs, especially young or first-generation business owners, trying to leave a legacy to their children.

Our Process

Willamette Elder Law provides the elder law and estate planning legal services you need to empower your loved ones, ensure your self-determination, and secure your legacy. Whether you need help crafting an estate plan for yourself, support taking care of a loved one with diminishing capacity, or guidance through administering the final affairs of the dearly departed, Willamette Elder Law will compassionately provide the legal services you need.

Screening Call
Every Willamette Elder Law client relationship starts with a screening call. Our staff will gather some basic information about your situation and what you are hoping to accomplish. The purpose of this call is to figure out whether you want something we are equipped to help with and whether it seems likely we’ll be a good fit. If so, we’ll get you scheduled for your free consultation. If not, we’ll help you find someone with the right tools and/or who might be a better fit.
Free Consultation
The vast majority of potential clients will receive a free* 90 minute consultation to get a more detailed understanding of your situation and discuss exactly how we would be able to help you and what that specific process will look like. *Some matters are unlikely to result in more than a consultation, but still merit a conversation and legal advice. In these circumstances, your consult may be charged on an hourly basis with a 1 hour minimum.
Information Gathering
Once we decide to work together, we will ask you to provide the information necessary to complete the legal services you need. If you are comfortable online, this process will happen electronically, with minimal physical paperwork involved. If you prefer a more traditional approach, we can also manage this process on paper.
Legal Services
After you have provided the necessary information, we will complete the agreed legal services as discussed in your consultation. This may be a short term relationship for a single project or it may be an extended relationship over the course of many years to administer an ongoing legal process.

Willamette Elder Law provides insightful guidance in planning for your death and possible incapacity as well as compassionate assistance in meeting needs related to long term care, incapacity, and death of those you love.

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