Petition for judicial review of advance directives; scope of review; authority to file petition
(1)A health care decision made by a person who is authorized to make the decision under ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) is effective immediately and does not require judicial approval.
(2)A petition may be filed under ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) for one or more of the following purposes:
(a)Determining whether a principal is incapable.
(b)Determining whether an appointment of a health care representative or the execution of an advance directive is valid or has been suspended, reinstated, revoked or terminated.
(c)Determining whether the acts or proposed acts of a health care representative breach any duty of the health care representative and whether those acts should be enjoined.
(d)Declaring that a person is authorized to act as a health care representative.
(e)Disqualifying a health care representative upon a determination of the court that the health care representative has violated, has failed to perform or is unable to perform the duties under ORS 127.535 (Authority of health care representative) (4).
(f)Approving any health care decision that by law requires court approval.
(g)Determining whether the acts or proposed acts of a health care representative are clearly inconsistent with the preferences of the principal as made known to the health care representative, or where the preferences of the principal are unknown or unclear, whether the acts or proposed acts of the health care representative are clearly contrary to the best interests of the principal.
(h)Declaring that a form appointing a health care representative is suspended or revoked upon a determination by the court that the appointed health care representative has made a health care decision for the principal that authorized anything illegal. A suspension or revocation of a form appointing a health care representative under this paragraph shall be in the discretion of the court.
(i)Considering any other matter that the court determines needs to be decided for the protection of the principal.
(3)A petition may be filed by any of the following:
(b)A health care representative.
(c)The spouse, parent, sibling or adult child of the principal.
(d)An adult relative or adult friend of the principal who is familiar with the desires of the principal.
(e)The guardian of the principal.
(f)The conservator of the principal.
(g)The attending physician or attending health care provider of the principal.
(4)A petition under this section shall be filed in the circuit court in the county in which the principal resides or is located.
(5)A determination described in this section may be made by the court as a part of a protective proceeding under ORS chapter 125 if a guardian or temporary guardian has been appointed for the principal, or if the petition seeks the appointment of a guardian or a temporary guardian for the principal. [1989 c.914 §9a; 1993 c.767 §13; 2001 c.396 §2; 2018 c.36 §15]
§§ 127.510 to 127.585
Law Review Citations
26 WLR 317-338 (1990); 71 OLR 909 (1992)