Powers of Attorney

ORS 127.510
Appointment of health care representative and alternate health care representative

  • duration


(1)

A capable adult may execute an advance directive. The advance directive is effective when it is signed by the principal and witnessed or notarized as required by ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title).

(2)

(a) A capable adult may use an advance directive or the form set forth in ORS 127.527 (Form for appointing health care representative) to appoint a competent adult to serve as the health care representative for the capable adult. A health care representative appointed under this paragraph shall make health care decisions for the principal if the principal becomes incapable.

(b)

A capable adult may use an advance directive or the form set forth in ORS 127.527 (Form for appointing health care representative) to appoint one or more competent adults to serve as alternate health care representatives for the capable adult. For purposes of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title), an alternate health care representative has the rights and privileges of a health care representative appointed under paragraph (a) of this subsection, including the rights described in ORS 127.535 (Authority of health care representative). An alternate health care representative appointed under this paragraph shall make health care decisions for the principal if:

(A)

The principal becomes incapable; and

(B)

The health care representative appointed under paragraph (a) of this subsection is unable, unwilling or unavailable to make timely health care decisions for the principal.

(c)

For purposes of paragraph (b) of this subsection, the health care representative appointed under paragraph (a) of this subsection is unavailable to make timely health care decisions for the principal if the health care representative is not available to answer questions for the health care provider in person, by telephone or by another means of direct communication.

(d)

An appointment made under this section is effective when it is accepted by the health care representative.

(3)

Unless the period of time that an advance directive or a form appointing a health care representative is effective is limited by the terms of the advance directive or the form appointing a health care representative, the advance directive or the form appointing a health care representative continues in effect until:

(a)

The principal dies; or

(b)

The advance directive or the form appointing a health care representative is revoked, suspended or superseded pursuant to ORS 127.545 (Revocation of advance directive or health care decision).

(4)

Notwithstanding subsection (3) of this section, if the principal is incapable at the expiration of the term of the advance directive or the form appointing a health care representative, the advance directive or the form appointing a health care representative continues in effect until:

(a)

The principal is no longer incapable;

(b)

The principal dies; or

(c)

The advance directive or the form appointing a health care representative is revoked, suspended or superseded pursuant to the provisions of ORS 127.545 (Revocation of advance directive or health care decision).

(5)

A health care provider shall make a copy of an advance directive, a copy of a form appointing a health care representative and a copy of any other instrument a part of the principal’s medical record when a copy of the advance directive, form appointing a health care representative or instrument is provided to the principal’s health care provider.

(6)

Notwithstanding subsections (3)(a) and (4)(b) of this section, an advance directive remains in effect with respect to an anatomical gift, as defined in ORS 97.953 (Definitions for ORS 97.951 to 97.982), after the principal dies. [1989 c.914 §2; 1993 c.767 §3; 1995 c.717 §13; 2007 c.681 §28; 2018 c.36 §7]
§§ 127.510 to 127.585

Law Review Citations

26 WLR 317-338 (1990); 71 OLR 909 (1992)


Source

Last accessed
Jun. 26, 2021