Oregon Chapter 127
Chapter 127 — Powers of Attorney; Advance Directives for Health Care; Declarations for Mental Heal h Treatment; Death with DignityDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 127 —
Powers of Attorney; Advance Directives for Health Care; Declarations for Mental
Heal h Treatment; Death with Dignity
2007 EDITION
POWERS OF ATTORNEY; HEALTH CARE DIRECTIVES
PROTECTIVE PROCEEDINGS; POWERS OF ATTORNEY;
TRUSTS
POWERS OF ATTORNEY
127.005 When
power of attorney in effect; accounting to conservator
127.015 Power
of attorney not revoked until death known
127.025 Authority
under power of attorney recognizable regardless of date of execution
127.035 Limitations
on liability of person reasonably relying on power of attorney
127.045 Duty
of attorney-in-fact or agent under power of attorney
ADVANCE DIRECTIVES FOR HEALTH CARE
(Definitions)
127.505 Definitions
for ORS 127.505 to 127.660
(Health Care Decisions Generally)
127.507 Capable
adults may make own health care decisions
(Formalities of Executing Advance Directive)
127.510 Designation
of attorney-in-fact; execution of health care instruction; duration
127.515 Manner
of executing advance directive; forms; witnesses; directives executed out of
state
127.520 Persons
not eligible to serve as attorney-in-fact; manner of disqualifying persons for
service as attorney-in-fact
127.525 Acceptance
of appointment; withdrawal
(Form of Advance Directive)
127.531 Form
of advance directive
(Effect of Executing Advance Directive)
127.535 Authority
of health care representative; duties; objection by principal
127.540 Limitations
on authority of health care representative
(Provisions Generally Applicable to Advance
Directives and Health Care Decisions)
127.545 Revocation
of advance directive or health care decision; when revocation effective; effect
of executing power of attorney for health care
127.550 Petition
for judicial review of advance directives; scope of review; authority to file
petition
127.555 Designation
of attending physician; liability of health care representative and health care
provider
127.560 Provisions
not exclusive; effect of provisions on civil and criminal liability of health
care representative and provider
127.565 Independent
medical judgment of provider; effect of advance directive on insurance
127.570 Mercy
killing; suicide
127.575 Instrument
presumed valid
127.580 Presumption
of consent to artificially administered nutrition and hydration; exceptions
127.625 Providers
under no duty to participate in withdrawal or withholding of certain health
care; duty of provider who is unwilling to participate
127.635 Withdrawal
of life-sustaining procedures; conditions; selection of health care
representative in certain cases; required consultation
127.640 Physician
to determine that conditions met before withdrawing or withholding certain
health care
127.642 Principal
to be provided with certain care to insure comfort and cleanliness
(Requirements Imposed on Health Care Organizations Relating to Rights
of Individuals to Make Health Care Decisions)
127.646 Definitions
for ORS 127.646 to 127.654
127.649 Health
care organizations required to have written policies and procedures on
providing information on patient’s right to make health care decisions
127.652 Time
of providing information
127.654 Scope
of requirement; limitation on liability for failure to comply
(Previously Executed Advance Directives)
127.658 Effect
of ORS 127.505 to 127.660 on previously executed advance directives
(Short Title)
127.660 Short
title
DECLARATIONS FOR MENTAL HEALTH TREATMENT
127.700 Definitions
for ORS 127.700 to 127.737
127.702 Persons
who may make declaration for mental health treatment; period of validity
127.703 Required
policies regarding mental health treatment rights information; declarations for
mental health treatment
127.705 Designation
of attorney-in-fact for decisions about mental health treatment
127.707 Execution
of declaration; witnesses
127.710 Operation
of declaration; physician or provider to act in accordance with declaration
127.712 Scope
of authority of attorney-in-fact; powers and duties; limitation on liability
127.715 Prohibitions
against requiring person to execute or refrain from executing declaration
127.717 Declaration
to be made part of medical record; physician or provider to comply with
declaration; withdrawal of physician or provider
127.720 Circumstances
in which physician or provider may disregard declaration
127.722 Revocation
of declaration
127.725 Limitations
on liability of physician or provider
127.727 Persons
prohibited from serving as attorney-in-fact
127.730 Persons
prohibited from serving as witnesses to declaration
127.732 Withdrawal
of attorney-in-fact; rescission of withdrawal
127.736 Form
of declaration
127.737 Certain
other laws applicable to declaration
THE
(General Provisions)
127.800 Definitions
(Written Request for Medication to End One’s
Life in a Humane and Dignified Manner)
127.805 Who
may initiate a written request for medication
127.810 Form
of the written request
(Safeguards)
127.815 Attending
physician responsibilities
127.820 Consulting
physician confirmation
127.825 Counseling
referral
127.830 Informed
decision
127.835 Family
notification
127.840 Written
and oral requests
127.845 Right
to rescind request
127.850 Waiting
periods
127.855 Medical
record documentation requirements
127.860 Residency
requirement
127.865 Reporting
requirements
127.870 Effect
on construction of wills, contracts and statutes
127.875 Insurance
or annuity policies
127.880 Construction
of Act
(Immunities and Liabilities)
127.885 Immunities;
basis for prohibiting health care provider from participation; notification;
permissible sanctions
127.890 Liabilities
127.892 Claims
by governmental entity for costs incurred
(Severability)
127.895 Severability
(Form of the Request)
127.897 Form
of the request
PENALTIES
127.995 Penalties
POWERS OF ATTORNEY
127.005
When power of attorney in effect; accounting to conservator. (1) When a principal designates another an
attorney-in-fact or agent by a power of attorney in writing and the writing
does not contain words that otherwise limit the period of time of its
effectiveness:
(a) The power of attorney shall remain in
effect until the power is revoked by the principal;
(b) The powers of the attorney-in-fact or
agent are unaffected by the passage of time; and
(c) The powers of the attorney-in-fact or
agent shall be exercisable by the attorney-in-fact or agent on behalf of the
principal notwithstanding the later disability or incompetence of the principal
at law.
(2) All acts done by the attorney-in-fact
or agent under the power of attorney during any period of disability or
incompetence of the principal at law shall have the same effect and shall inure
to the benefit of and bind the principal as though the principal were not
disabled or incompetent.
(3) If a conservator is appointed
thereafter for the principal, the attorney-in-fact or agent, during the
continuation of that appointment, shall account to the conservator rather than
to the principal. The conservator has the same power that the principal would
have, but for the disability or incompetence of the principal, to revoke, suspend
or terminate all or any part of the power of attorney or agency.
(4) This section does not apply to powers
of attorney for health care executed under ORS 127.505 to 127.660 and 127.995. [Formerly
126.407; 1993 c.767 §25; 2001 c.395 §4]
127.010 [Repealed by 1969 c.591 §305]
127.015
Power of attorney not revoked until death known. (1) The death of any principal who has
executed a power of attorney in writing does not revoke or terminate the agency
as to the attorney-in-fact or agent who, without actual knowledge of the death
of the principal, acts in good faith under the power of attorney or agency. Any
action so taken, unless otherwise invalid or unenforceable, binds the principal
and heirs, devisees and personal representatives of the principal.
(2) An affidavit, executed by the
attorney-in-fact or agent stating that the attorney-in-fact or agent did not
have, at the time of doing an act under the power of attorney, actual knowledge
of the revocation or termination of the power of attorney by death, is, in the
absence of fraud, conclusive proof of the nonrevocation or nontermination of
the power at that time. If the exercise of the power requires execution and
delivery of any instrument which is recordable, the affidavit when
authenticated for record is likewise recordable.
(3) This section shall not be construed to
alter or affect any provision for revocation or termination contained in the
power of attorney. [Formerly 126.413]
127.020 [Repealed by 1969 c.591 §305]
127.025
Authority under power of attorney recognizable regardless of date of execution. A person may not refuse to recognize the
authority of an attorney-in-fact or agent under a power of attorney based
solely on the passage of time since the power of attorney was executed. [2001
c.395 §1]
127.030 [Repealed by 1969 c.591 §305]
127.035
Limitations on liability of person reasonably relying on power of attorney. Any person who reasonably relies in good
faith on the authority of an attorney-in-fact or agent under a power of
attorney is not liable to any other person based on that reliance, and is not
required to ensure that assets of the principal that are paid or delivered to
the attorney-in-fact or agent are properly applied. Any person who has not
received actual notice of revocation of a power of attorney is not liable to
any other person by reason of relying on a power of attorney that has been
revoked. [2001 c.395 §2]
127.040 [Repealed by 1969 c.591 §305]
127.045
Duty of attorney-in-fact or agent under power of attorney. Unless otherwise provided in the power of
attorney document, an attorney-in-fact or agent must use the property of the
principal for the benefit of the principal. [2001 c.395 §3]
127.050 [Repealed by 1969 c.591 §305]
127.060 [Repealed by 1969 c.591 §305]
127.070 [Repealed by 1969 c.591 §305]
127.080 [Repealed by 1969 c.591 §305]
127.090 [Repealed by 1969 c.591 §305]
127.100 [Repealed by 1969 c.591 §305]
127.110 [Repealed by 1969 c.591 §305]
127.120 [Repealed by 1969 c.591 §305]
127.130 [Repealed by 1969 c.591 §305]
127.140 [Repealed by 1969 c.591 §305]
127.150 [Repealed by 1969 c.591 §305]
127.160 [Repealed by 1969 c.591 §305]
127.170 [Repealed by 1969 c.591 §305]
127.180 [Repealed by 1969 c.591 §305]
127.190 [Repealed by 1969 c.591 §305]
127.310 [Repealed by 1969 c.591 §305]
127.320 [Repealed by 1969 c.591 §305]
127.330 [Repealed by 1969 c.591 §305]
127.340 [Repealed by 1969 c.591 §305]
127.350 [Repealed by 1969 c.591 §305]
ADVANCE
DIRECTIVES FOR HEALTH CARE
(Definitions)
127.505
Definitions for ORS 127.505 to 127.660. As used in ORS 127.505 to 127.660 and 127.995:
(1) “Adult” means an individual who is 18
years of age or older, who has been adjudicated an emancipated minor or who is
married.
(2) “Advance directive” means a document
that contains a health care instruction or a power of attorney for health care.
(3) “Appointment” means a power of
attorney for health care, letters of guardianship or a court order appointing a
health care representative.
(4) “Artificially administered nutrition
and hydration” means a medical intervention to provide food and water by tube,
mechanical device or other medically assisted method. “Artificially
administered nutrition and hydration” does not include the usual and typical
provision of nutrition and hydration, such as the provision of nutrition and
hydration by cup, hand, bottle, drinking straw or eating utensil.
(5) “Attending physician” means the
physician who has primary responsibility for the care and treatment of the
principal.
(6) “Attorney-in-fact” means an adult
appointed to make health care decisions for a principal under a power of
attorney for health care, and includes an alternative attorney-in-fact.
(7) “Health care” means diagnosis,
treatment or care of disease, injury and congenital or degenerative conditions,
including the use, maintenance, withdrawal or withholding of life-sustaining
procedures and the use, maintenance, withdrawal or withholding of artificially
administered nutrition and hydration.
(8) “Health care decision” means consent,
refusal of consent or withholding or withdrawal of consent to health care, and
includes decisions relating to admission to or discharge from a health care
facility.
(9) “Health care facility” means a health
care facility as defined in ORS 442.015, a domiciliary care facility as defined
in ORS 443.205, a residential facility as defined in ORS 443.400, an adult
foster home as defined in ORS 443.705 or a hospice program as defined in ORS
443.850.
(10) “Health care instruction” or “instruction”
means a document executed by a principal to indicate the principal’s
instructions regarding health care decisions.
(11) “Health care provider” means a person
licensed, certified or otherwise authorized or permitted by the law of this
state to administer health care in the ordinary course of business or practice
of a profession, and includes a health care facility.
(12) “Health care representative” means:
(a) An attorney-in-fact;
(b) A person who has authority to make
health care decisions for a principal under the provisions of ORS 127.635 (2)
or (3); or
(c) A guardian or other person, appointed
by a court to make health care decisions for a principal.
(13) “Incapable” means that in the opinion
of the court in a proceeding to appoint or confirm authority of a health care
representative, or in the opinion of the principal’s attending physician, a
principal lacks the ability to make and communicate health care decisions to
health care providers, including communication through persons familiar with
the principal’s manner of communicating if those persons are available. “Capable”
means not incapable.
(14) “Instrument” means an advance
directive, acceptance, disqualification, withdrawal, court order, court
appointment or other document governing health care decisions.
(15) “Life support” means life-sustaining
procedures.
(16) “Life-sustaining procedure” means any
medical procedure, pharmaceutical, medical device or medical intervention that
maintains life by sustaining, restoring or supplanting a vital function. “Life-sustaining
procedure” does not include routine care necessary to sustain patient
cleanliness and comfort.
(17) “Medically confirmed” means the
medical opinion of the attending physician has been confirmed by a second
physician who has examined the patient and who has clinical privileges or
expertise with respect to the condition to be confirmed.
(18) “Permanently unconscious” means
completely lacking an awareness of self and external environment, with no
reasonable possibility of a return to a conscious state, and that condition has
been medically confirmed by a neurological specialist who is an expert in the
examination of unresponsive individuals.
(19) “Physician” means an individual
licensed to practice medicine by the Oregon Medical Board.
(20) “Power of attorney for health care”
means a power of attorney document that authorizes an attorney-in-fact to make
health care decisions for the principal when the principal is incapable.
(21) “Principal” means:
(a) An adult who has executed an advance
directive;
(b) A person of any age who has a health
care representative;
(c) A person for whom a health care
representative is sought; or
(d) A person being evaluated for
capability who will have a health care representative if the person is
determined to be incapable.
(22) “Terminal condition” means a health
condition in which death is imminent irrespective of treatment, and where the
application of life-sustaining procedures or the artificial administration of
nutrition and hydration serves only to postpone the moment of death of the
principal.
(23) “Tube feeding” means artificially
administered nutrition and hydration. [1989 c.914 §1; 1991 c.470 §11; 1993
c.767 §1]
(Health Care
Decisions Generally)
127.507
Capable adults may make own health care decisions. Capable adults may make their own health
care decisions. [1993 c.767 §2]
(Formalities
of Executing Advance Directive)
127.510
Designation of attorney-in-fact; execution of health care instruction;
duration. (1) A capable
adult may designate in writing a competent adult to serve as attorney-in-fact
for health care. A capable adult may also designate a competent adult to serve
as alternative attorney-in-fact if the original designee is unavailable, unable
or unwilling to serve as attorney-in-fact at any time after the power of
attorney for health care is executed. The power of attorney for health care is
effective when it is signed, witnessed and accepted as required by ORS 127.505
to 127.660 and 127.995. The attorney-in-fact so appointed shall make health
care decisions on behalf of the principal if the principal becomes incapable.
(2) A capable adult may execute a health
care instruction. The instruction shall be effective when it is signed and
witnessed as required by ORS 127.505 to 127.660 and 127.995.
(3) Unless the period of time that an
advance directive is to be effective is limited by the terms of the advance
directive, the advance directive shall continue in effect until:
(a) The principal dies; or
(b) The advance directive is revoked,
suspended or superseded pursuant to ORS 127.545.
(4) Notwithstanding subsection (3) of this
section, if the principal is incapable at the expiration of the term of the
advance directive, the advance directive continues in effect until:
(a) The principal is no longer incapable;
(b) The principal dies; or
(c) The advance directive is revoked,
suspended or superseded pursuant to the provisions of ORS 127.545.
(5) A health care provider shall make a
copy of an advance directive and any other instrument a part of the principal’s
medical record when a copy of that instrument is provided to the principal’s
health care provider.
(6) Notwithstanding subsections (3) and
(4) of this section, an anatomical gift, as defined in ORS 97.953, made on an
advance directive is effective. [1989 c.914 §2; 1993 c.767 §3; 1995 c.717 §13;
2007 c.681 §28]
127.515
Manner of executing advance directive; forms; witnesses; directives executed
out of state. (1) An advance
directive may be executed by a resident or nonresident adult of this state in
the manner provided by ORS 127.505 to 127.660 and 127.995.
(2) A power of attorney for health care
must be in the form provided by Part B of the advance directive form set forth
in ORS 127.531, or must be in the form provided by ORS 127.530 (1991
Edition).
(3) A health care instruction must be in
the form provided by Part C of the advance directive form set forth in ORS
127.531, or must be in the form provided by ORS 127.610 (1991 Edition).
(4) An advance directive must reflect the
date of the principal’s signature. To be valid, an advance directive must be
witnessed by at least two adults as follows:
(a) Each witness shall witness either the
signing of the instrument by the principal or the principal’s acknowledgment of
the signature of the principal.
(b) Each witness shall make the written
declaration as set forth in the form provided in ORS 127.531.
(c) One of the witnesses shall be a person
who is not:
(A) A relative of the principal by blood,
marriage or adoption;
(B) A person who at the time the advance
directive is signed would be entitled to any portion of the estate of the
principal upon death under any will or by operation of law; or
(C) An owner, operator or employee of a
health care facility where the principal is a patient or resident.
(d) The attorney-in-fact for health care
or alternative attorney-in-fact may not be a witness. The principal’s attending
physician at the time the advance directive is signed may not be a witness.
(e) If the principal is a patient in a
long term care facility at the time the advance directive is executed, one of
the witnesses must be an individual designated by the facility and having any
qualifications that may be specified by the Department of Human Services by
rule.
(5) Notwithstanding subsections (2) to (4)
of this section, an advance directive executed by an adult who at the time of
execution resided in another state, in compliance with the formalities of
execution required by the laws of that state, the laws of the state where the
principal was located at the time of execution or the laws of this state, is
validly executed for the purposes of ORS 127.505 to 127.660 and 127.995 and may
be given effect in accordance with its provisions, subject to the laws of this
state. [1989 c.914 §3; 1993 c.767 §4]
127.520
Persons not eligible to serve as attorney-in-fact; manner of disqualifying
persons for service as attorney-in-fact. (1) Except as provided in ORS 127.635 or as may be allowed by court
order, the following persons may not serve as health care representatives if
unrelated to the principal by blood, marriage or adoption:
(a) The attending physician or an employee
of the attending physician.
(b) An owner, operator or employee of a
health care facility in which the principal is a patient or resident, unless
the health care representative was appointed before the principal’s admission
to the facility.
(2) A capable adult may disqualify any
other person from making health care decisions for the capable adult. The
disqualification must be in writing and signed by the capable adult. The
disqualification must specifically designate those persons who are
disqualified.
(3) A health care representative whose
authority has been revoked by a court is disqualified.
(4) A health care provider who has actual
knowledge of a disqualification may not accept a health care decision from a
disqualified individual.
(5) A person who has been disqualified
from making health care decisions for a principal, and who is aware of that
disqualification, may not make health care decisions for the principal. [1989
c.914 §4; 1993 c.767 §5]
127.525
Acceptance of appointment; withdrawal. For an appointment under a power of attorney for health care to be
effective, the attorney-in-fact must accept the appointment in writing. Subject
to the right of the attorney-in-fact to withdraw, the acceptance imposes a duty
on the attorney-in-fact to make health care decisions on behalf of the
principal at such time as the principal becomes incapable. Until the principal
becomes incapable, the attorney-in-fact may withdraw by giving notice to the
principal. After the principal becomes incapable, the attorney-in-fact may
withdraw by giving notice to the health care provider. [1989 c.914 §5; 1993
c.767 §6]
(Form of
Advance Directive)
127.530 [1989 c.914 §6; repealed by 1993 c.767 §7
(127.531 enacted in lieu of 127.530)]
127.531
Form of advance directive.
(1) The form of an advance directive executed by an
(2) An advance directive shall be in the
following form:
______________________________________________________________________________
ADVANCE DIRECTIVE
YOU DO NOT HAVE TO FILL OUT AND SIGN THIS
FORM
PART A: IMPORTANT INFORMATION ABOUT THIS
ADVANCE DIRECTIVE
This is an important legal document. It
can control critical decisions about your health care. Before signing, consider
these important facts:
Facts About Part B
(Appointing a Health Care Representative)
You have the right to name a person to
direct your health care when you cannot do so. This person is called your “health
care representative.” You can do this by using Part B of this form. Your
representative must accept on Part E of this form.
You can write in this document any
restrictions you want on how your representative will make decisions for you.
Your representative must follow your desires as stated in this document or
otherwise made known. If your desires are unknown, your representative must try
to act in your best interest. Your representative can resign at any time.
Facts About Part C
(Giving Health Care Instructions)
You also have the right to give
instructions for health care providers to follow if you become unable to direct
your care. You can do this by using Part C of this form.
Facts About Completing This Form
This form is valid only if you sign it
voluntarily and when you are of sound mind. If you do not want an advance
directive, you do not have to sign this form.
Unless you have limited the duration of
this advance directive, it will not expire. If you have set an expiration date,
and you become unable to direct your health care before that date, this advance
directive will not expire until you are able to make those decisions again.
You may revoke this document at any time.
To do so, notify your representative and your health care provider of the
revocation.
Despite this document, you have the right
to decide your own health care as long as you are able to do so.
If there is anything in this document that
you do not understand, ask a lawyer to explain it to you.
You may sign PART B, PART C, or both
parts. You may cross out words that don’t express your wishes or add words that
better express your wishes. Witnesses must sign PART D.
Print your NAME, BIRTHDATE AND ADDRESS
here:
___________________________
(Name)
_______________
(Birthdate)
___________________________
___________________________
(Address)
Unless revoked or suspended, this advance
directive will continue for:
INITIAL ONE:
__ My entire life
__ Other period (__Years)
PART B: APPOINTMENT OF HEALTH CARE
REPRESENTATIVE
I appoint _______________ as my health
care representative. My representative’s address is ________ and telephone
number is ________.
I appoint _______________ as my alternate
health care representative. My alternate’s address is ________ and telephone
number is ________.
I authorize my representative (or
alternate) to direct my health care when I can’t do so.
NOTE: You may not appoint your doctor, an
employee of your doctor, or an owner, operator or employee of your health care
facility, unless that person is related to you by blood, marriage or adoption
or that person was appointed before your admission into the health care
facility.
1. Limits.
Special Conditions or Instructions:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
INITIAL IF THIS APPLIES:
__ I have executed a Health Care Instruction or
Directive to Physicians. My representative is to honor it.
2. Life Support. “Life support” refers to
any medical means for maintaining life, including procedures, devices and
medications. If you refuse life support, you will still get routine measures to
keep you clean and comfortable.
INITIAL IF THIS APPLIES:
__ My representative MAY decide about life
support for me. (If you don’t initial this space, then your representative MAY
NOT decide about life support.)
3. Tube Feeding. One sort of life support
is food and water supplied artificially by medical device, known as tube
feeding.
INITIAL IF THIS APPLIES:
__ My representative MAY decide about tube
feeding for me. (If you don’t initial this space, then your representative MAY
NOT decide about tube feeding.)
________
(Date)
SIGN HERE TO APPOINT A HEALTH CARE
REPRESENTATIVE
___________________________
(Signature of
person making appointment)
PART C: HEALTH CARE INSTRUCTIONS