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Why Including End-Of Life Planning in Your Estate Plan is Important.

Planning for your Life, your Livelihood, your Legacy

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January 12, 2026 •  NW Estate Law, LLC
When patients take time to document their health care wishes—before a crisis—physicians and families are better equipped to honor their goals.

People will do almost anything to avoid thinking about end-of-life care planning. There’s always a closet to clean out or a phone call to make. However, failing to consider these difficult decisions and to document them in an estate plan can put loved ones in a difficult position.

Doctors in Oregon consistently say they wish patients would treat medical planning as a conversation, not just a form to sign. They want patients to understand the difference between an Oregon Health Care Advance Directive (for who speaks for you and your general wishes) and a POLST form (specific medical orders for people who are already seriously ill), and to talk through both while they are still able to make decisions.

Advance care planning allows people to outline what matters most to them if they are unable to communicate their choices. Research sadly shows that only about a third of all adults have completed advance directives. These legal documents, including living wills or durable powers of attorney for health care, let people designate someone to make decisions on their behalf. They also specify the treatments they do or do not want.

Without these conversations and documents, there’s no way for family members to know what their loved one wants.

People often worry about naming one child over another in naming agents to act for them. However, the responsibility should be given to the person who is best suited for the job: one who is calm in emergency situations, who respects your wishes even if they don’t agree, can make a decision during a moment of crisis, and can emotionally handle such a decision.

Without these directives, your care will be governed by state law. Oregon law uses a default “surrogate decision‑maker” list (such as spouse, adult children, or other close family) so providers know whom to turn to, but that person may or may not be who the patient would have picked, and they may not know what the patient actually wants. In some cases, if there is disagreement or no clear surrogate, families may need court involvement (like a guardianship), which adds stress, delay, and cost during a medical crisis. If you haven't done your Oregon Health Care Advance Directive, it is time to consider starting the process.  You can work with an estate planning attorney and can also download a form on Oregon Health Authority's website.

Reference: AMA Association (Nov. 26, 2025) “What doctors wish patients knew about care planning”

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