Authority of health care representative; duties; objection by principal
(1)A health care representative has the authority over the principal’s health care that the principal would have if the principal were not incapable, subject to the limitations of the appointment and ORS 127.540 (Limitations on authority of health care representative) and 127.580 (Presumption of consent to artificially administered nutrition and hydration). A health care representative who is known to a health care provider to be available to make health care decisions has priority over any person other than the principal to act for the principal with respect to health care decisions. A health care representative has authority to make a health care decision for a principal only when the principal is incapable.
(2)A health care representative is not personally responsible for the cost of health care provided to the principal solely because the health care representative makes health care decisions for the principal.
(3)Except to the extent that the right is limited by the appointment or by federal law or regulation, a health care representative for an incapable principal has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records and to consent to the disclosure of medical records. The right of the health care representative to receive information as described in this section is not a waiver of any evidentiary privilege or any right to assert confidentiality with respect to others.
(4)In making health care decisions, a health care representative has a duty to act consistently with the desires of the principal as expressed in the principal’s advance directive, or as otherwise made known by the principal to the health care representative. If the principal’s preferences are unknown, a health care representative has a duty to act in a manner that the health care representative in good faith believes to be in the best interests of the principal.
(5)ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) do not authorize a health care representative or health care provider to withhold or withdraw life-sustaining procedures or artificially administered nutrition and hydration if the principal manifests an objection to the health care decision. If the principal objects to the health care decision, the health care provider shall proceed as though the principal is capable with respect to the health care decision.
(6)An advance directive or form appointing a health care representative that would be valid except that the advance directive or form appointing a health care representative is expired, is not properly witnessed or otherwise fails to meet the formal requirements of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) shall constitute evidence of the patient’s desires and interests.
(7)A health care representative is a personal representative for the purposes of ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) and the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164. [1989 c.914 §7; 1993 c.767 §9; 2005 c.53 §1; 2009 c.381 §§2,3; 2018 c.36 §13]
§§ 127.510 to 127.585
Law Review Citations
26 WLR 317-338 (1990); 71 OLR 909 (1992)