Joanne Reisman
Joanne Reisman, Estate Planning Attorney - Portland, OR
Posted over 2 years ago.

In Oregon we have an Advanced Directive which is both a Health Care Power of Attorney and a Living Will .

Matthew Aaron Wiley
Matthew Aaron Wiley, Estate Planning Attorney - North Haven, CT
Posted over 2 years ago.

Is it mandatory? We have a all in one HPOA in CT but I do not use it. I find the health care docs to be a bit more personal than the Durable (I use the statutory form for the DPOA) so I do not use the statute form.

Joanne Reisman
Joanne Reisman, Estate Planning Attorney - Portland, OR
Posted over 2 years ago.

Nothing is mandatory but you are mixing apples and oranges. The only thing a DPOA does is allow people to make financial decisions for you and it is viable whether or not you are in incapacitated. The Advanced Directive is the document solely concerned with health care decisions, and then only when you are incapacitated. See my comment below to Christopher Leroi's post where I give much more info on Oregon's Advanced Directive.

Matthew Aaron Wiley
Matthew Aaron Wiley, Estate Planning Attorney - North Haven, CT
Posted over 2 years ago.

I understand that. I was merely saying that for Health Care I prefer to use standalone HPOA, HIPAA, and LW rather than a statutory all in one. I feel these documents are so personal that some state statutes are weak. Inversely for the DPOA I use a statutory form because banks have a higher chance to accept it.

That being said I thought you had a lot of good information in your answer.