Powers of Attorney

ORS 127.515
Execution

  • witnesses
  • out-of-state execution


(1)

An advance directive or a form appointing a health care representative may be executed by a resident or nonresident adult of this state in the manner provided by ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title).

(2)

An advance directive or a form appointing a health care representative must reflect the date of the principal’s signature or other method of accepting the advance directive or the form appointing a health care representative. To be valid, an advance directive or a form appointing a health care representative must be:

(a)

Witnessed and signed by at least two adults; or

(b)

Notarized by a notary public.

(3)

If an advance directive or a form appointing a health care representative is validated under subsection (2)(a) of this section, each witness must witness:

(a)

The principal signing the advance directive or the form appointing a health care representative; or

(b)

The principal acknowledging the signature of the principal on the advance directive or the form appointing a health care representative, or the principal acknowledging any other method by which the principal accepted the advance directive or the form appointing a health care representative.

(4)

For an advance directive or a form appointing a health care representative to be valid under subsection (2)(a) of this section, the witnesses may not, on the date the advance directive or the form appointing a health care representative is signed or acknowledged:

(a)

Be the principal’s attending physician or attending health care provider.

(b)

Be the principal’s health care representative or alternate health care representative appointed under ORS 127.510 (Appointment of health care representative and alternate health care representative).

(5)

If an advance directive or a form appointing a health care representative is validated under subsection (2)(a) of this section, and if the principal is a patient in a long term care facility at the time the advance directive or the form appointing a health care representative is executed, one of the witnesses must be an individual who is designated by the facility and qualified as specified by the Department of Human Services by rule.

(6)

Notwithstanding subsection (2) of this section, an advance directive or a form appointing a health care representative that is executed by an adult who resides in another state at the time of execution, and that is executed in compliance with the laws of that state, the laws of the state where the principal is located at the time of the execution or the laws of this state, is validly executed for the purposes of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title). [1989 c.914 §3; 1993 c.767 §4; 2018 c.36 §8]
§§ 127.510 to 127.585

Law Review Citations

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


Source

Last accessed
Jun. 26, 2021