Powers of Attorney

ORS 127.810
Form of the written request


§2.02. Form of the written request. (1) A valid request for medication under ORS 127.800 (Definitions) to 127.897 (Form of the request) shall be in substantially the form described in ORS 127.897 (Form of the request), signed and dated by the patient and witnessed by at least two individuals who, in the presence of the patient, attest that to the best of their knowledge and belief the patient is capable, acting voluntarily, and is not being coerced to sign the request.

(2)

One of the witnesses shall be a person who is not:

(a)

A relative of the patient by blood, marriage or adoption;

(b)

A person who at the time the request is signed would be entitled to any portion of the estate of the qualified patient upon death under any will or by operation of law; or

(c)

An owner, operator or employee of a health care facility where the qualified patient is receiving medical treatment or is a resident.

(3)

The patient’s attending physician at the time the request is signed shall not be a witness.

(4)

If the patient is a patient in a long term care facility at the time the written request is made, one of the witnesses shall be an individual designated by the facility and having the qualifications specified by the Department of Human Services by rule. [1995 c.3 §2.02]
§§ 127.800 to 127.897

Notes of Decisions

Series violates Equal Protection Clause under federal Constitution because defined class is overinclusive and therefore not rationally related to state purpose. Lee v. State of Oregon, 891 F. Supp. 1429 (D. Or. 1995)

United States Attorney General's rule punishing physicians who issue prescriptions under Oregon Death with Dignity Act was invalid intrusion on right of state to determine legitimate medical practices. Oregon v. Ashcroft, 368 F3d 1118 (9th Cir. 2004)

Law Review Citations

74 OLR 449 (1995); 31 WLR 601 (1995); 77 OLR 1027 (1998); 37 WLR 691 (2001); 81 OLR 505 (2002); 41 WLR 863 (2005); 43 WLR 399 (2007); 45 WLR 91, 137 (2008); 91 OLR 457 (2012)


Source

Last accessed
Jun. 26, 2021