2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 031 - Tort Actions
Section 31.274 - Patient representatives.
(1) A patient who is a minor, is deceased or has been medically confirmed by the patient’s treating physician to be incapable of making decisions for purposes of ORS 31.260 to 31.278 may be represented for purposes of ORS 31.260 to 31.278 by the first of the persons, in the following order of priority, who can be located upon reasonable effort by the health care facility or health care provider and who is willing to serve as the patient’s representative:
(a) A guardian of the patient who is authorized to make health care decisions for the patient.
(b) The spouse of the patient.
(c) A parent of the patient.
(d) A majority of the adult children of the patient who can be located.
(e) A majority of the adult siblings of the patient who can be located.
(f) An adult friend of the patient.
(g) A person, other than a health care provider who files or is named in a notice of adverse health care incident under ORS 31.262, appointed by a hospital under ORS 127.760.
(2) The conservator of the patient appointed under ORS chapter 125 may serve as a patient’s representative with the patient’s representative designated under subsection (1) of this section if the conservator’s representation is necessary to consider an offer of compensation under ORS 31.264 or 31.268. [2013 c.5 §8]
