Powers of Attorney

ORS 127.533
Duties

  • advance directive elements


(1)

In accordance with public notice and stakeholder participation requirements prescribed by the Oregon Health Authority and ORS 127.534 (Ratification of advance directive form by Legislative Assembly), the Advance Directive Adoption Committee established under ORS 127.532 (Appointment) shall:

(a)

Adopt the form of an advance directive to be used in this state; and

(b)

Review the form not less than once every four years for the purpose of adopting changes to the form that the committee determines are necessary.

(2)

Except as otherwise provided by ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title), the form of an advance directive adopted pursuant to this section is the only valid form of an advance directive in this state.

(3)

At a minimum, the form of an advance directive adopted under this section must contain the following elements:

(a)

A statement about the purposes of the advance directive, including:

(A)

A statement about the purpose of the principal’s appointment of a health care representative to make health care decisions for the principal if the principal becomes incapable;

(B)

A statement about the priority of health care representative appointment in ORS 127.635 (Withdrawal of life-sustaining procedures) (2) in the event the principal becomes incapable and does not have a valid health care representative appointment;

(C)

A statement about the purpose of the principal’s expression of the principal’s values and beliefs with respect to health care decisions and the principal’s preferences for health care;

(D)

A statement about the purpose of the principal’s expression of the principal’s preferences with respect to placement in a care home or a mental health facility; and

(E)

A statement that advises the principal that the advance directive allows the principal to document the principal’s preferences, but is not a POLST, as defined in ORS 127.663 (Definitions for ORS 127.663 to 127.684).

(b)

A statement explaining that to be effective the advance directive must be:

(A)

Accepted by signature or other applicable means; and

(B)

Either witnessed and signed by at least two adults or notarized.

(c)

A statement explaining that to be effective the appointment of a health care representative or an alternate health care representative must be accepted by the health care representative or the alternate health care representative.

(d)

A statement explaining that the advance directive, once executed, supersedes any previously executed advance directive.

(e)

The name, date of birth, address and other contact information of the principal.

(f)

The name, address and other contact information of any health care representative or any alternate health care representative appointed by the principal.

(g)

A section providing the principal with an opportunity to state the principal’s values and beliefs with respect to health care decisions, including the opportunity to describe the principal’s preferences, by completing a checklist, by providing instruction through narrative or other means, or by any combination of methods used to describe the principal’s preferences, regarding:

(A)

When the principal wants all reasonably available health care necessary to preserve life and recover;

(B)

When the principal wants all reasonably available health care necessary to treat chronic conditions;

(C)

When the principal wants to specifically limit health care necessary to preserve life and recover, including artificially administered nutrition and hydration, cardiopulmonary resuscitation and transport to a hospital; and

(D)

When the principal desires comfort care instead of health care necessary to preserve life.

(h)

A section where the principal and the witnesses or notary may accept by signature or other means, including electronic or verbal means, the advance directive.

(i)

A section where any health care representative or any alternate health care representative appointed by the principal may accept the advance directive by signature or other means, including electronic or verbal means.

(4)

(a) In adopting the form of an advance directive under this section, the committee shall use plain language, such as “tube feeding” and “life support.”

(b)

As used in this subsection:

(A)

“Life support” means life-sustaining procedures.

(B)

“Tube feeding” means artificially administered nutrition and hydration.

(5)

In adopting the form of an advance directive under this section, the committee shall use the components of the form for appointing a health care representative or an alternate health care representative set forth in ORS 127.527 (Form for appointing health care representative).

(6)

The principal may attach supplementary material to an advance directive. In addition to the form of an advance directive adopted under this section, supplementary material attached to an advance directive under this subsection is a part of the advance directive.

(7)

The Oregon Health Authority shall post the form of an advance directive adopted under this section on the authority’s website. [2018 c.36 §3]
§§ 127.510 to 127.585

Law Review Citations

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


Source

Last accessed
Jun. 26, 2021