Persons not eligible to serve as health care representative; manner of disqualifying persons for service
(1)Except as provided in ORS 127.635 (Withdrawal of life-sustaining procedures) or as may be allowed by court order, the following persons may not serve as health care representatives:
(a)If unrelated to the principal by blood, marriage or adoption:
(A)The attending physician or attending health care provider of the principal, or an employee of the attending physician or attending health care provider of the principal; or
(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; or
(b)A person who is the principal’s parent or former guardian if:
(A)At any time while the principal was under the care, custody or control of the person, a court entered an order:
(i)Taking the principal into protective custody under ORS 419B.150 (When protective custody authorized); or
(ii)Committing the principal to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337 (Commitment to custody of Department of Human Services); and
(B)The court entered a subsequent order that:
(i)The principal should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the principal to be returned to the person’s home, and no subsequent order of the court was entered that permitted the principal to return to the person’s home before the principal’s wardship was terminated under ORS 419B.328 (Ward of the court); or
(ii)Terminated the person’s parental rights under ORS 419B.500 (Termination of parental rights generally) and 419B.502 (Termination upon finding of extreme conduct) to 419B.524 (Effect of termination order).
(2)A principal, while not incapable, may petition the court to remove a prohibition described in subsection (1)(b) of this section.
(3)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.
(4)A health care representative whose authority has been revoked by a court is disqualified.
(5)A health care provider who has actual knowledge of a disqualification may not accept a health care decision from the disqualified person.
(6)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; 2011 c.194 §2; 2018 c.36 §11]
§§ 127.510 to 127.585
Law Review Citations
26 WLR 317-338 (1990); 71 OLR 909 (1992)