Chapter 127 — Chapter 127

ORS 127.002 Definitions for ORS 127.005 to 127.045. For the purposes of ORS 127.005 to 127.045

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ORS 127.005 When power of attorney in effect; accounting to conservator. (1) When a principal designates another person as an agent by a power of attorney in writing, and the power of attorney does not contain words that otherwise delay or limit the period of time of its effectiveness

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ORS 127.010 [Repealed by 1969 c.591 §305]

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ORS 127.015 Revocation of power of attorney; termination of agent’s authority not effective until death or other event known. (1) The authority of an agent under a power of attorney terminates upon the occurrence of any of the following

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ORS 127.020 [Repealed by 1969 c.591 §305]

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ORS 127.025 Authority under power of attorney recognizable regardless of date of execution. A person may not refuse to recognize the authority of an agent under a power of attorney based solely on the passage of time since the power of attorney was executed. [2001 c.395 §1; 2009 c.46 §4]

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ORS 127.030 [Repealed by 1969 c.591 §305]

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ORS 127.035 Limitations on liability of person reasonably relying on power of attorney. Any person who reasonably relies in good faith on the authority of an agent under a power of attorney is not liable to any other person based on that reliance, and is not required to ensure that assets of the principal that are paid or delivered to the agent are properly applied. Any person who has not received actual notice of revocation of a power of attorney is not liable to any other person by reason of relying on a power of attorney that has been revoked. [2001 c.395 §2; 2009 c.46 §5]

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ORS 127.040 [Repealed by 1969 c.591 §305]

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ORS 127.045 Duty of agent under power of attorney. Unless otherwise provided in the power of attorney document, an agent must use the property of the principal for the benefit of the principal. [2001 c.395 §3; 2009 c.46 §6]

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ORS 127.050 [Repealed by 1969 c.591 §305]

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ORS 127.060 [Repealed by 1969 c.591 §305]

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ORS 127.070 [Repealed by 1969 c.591 §305]

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ORS 127.080 [Repealed by 1969 c.591 §305]

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ORS 127.090 [Repealed by 1969 c.591 §305]

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ORS 127.100 [Repealed by 1969 c.591 §305]

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ORS 127.110 [Repealed by 1969 c.591 §305]

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ORS 127.120 [Repealed by 1969 c.591 §305]

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ORS 127.130 [Repealed by 1969 c.591 §305]

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ORS 127.140 [Repealed by 1969 c.591 §305]

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ORS 127.150 [Repealed by 1969 c.591 §305]

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ORS 127.160 [Repealed by 1969 c.591 §305]

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ORS 127.170 [Repealed by 1969 c.591 §305]

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ORS 127.180 [Repealed by 1969 c.591 §305]

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ORS 127.190 [Repealed by 1969 c.591 §305]

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ORS 127.310 [Repealed by 1969 c.591 §305]

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ORS 127.320 [Repealed by 1969 c.591 §305]

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ORS 127.330 [Repealed by 1969 c.591 §305]

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ORS 127.340 [Repealed by 1969 c.591 §305]

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ORS 127.350 [Repealed by 1969 c.591 §305]

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ORS 127.505 Definitions for ORS 127.505 to 127.660. As used in ORS 127.505 to 127.660 and 127.995

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ORS 127.507 Capable adults may make own health care decisions. Capable adults may make their own health care decisions. [1993 c.767 §2]

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ORS 127.510 Appointment of health care representative and alternate health care representative; duration. (1) A capable adult may execute an advance directive. The advance directive is effective when it is signed by the principal and witnessed or notarized as described in ORS 127.515

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ORS 127.515 Execution; witnesses; out-of-state execution. (1) An advance directive form set forth in ORS 127.529 or a form appointing a health care representative set forth in ORS 127.527 may be executed by an Oregon resident or by a resident of any other state while physically present in this state

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ORS 127.520 Persons not eligible to serve as health care representative; manner of disqualifying persons for service. (1) Except as provided in ORS 127.635 or as may be allowed by court order, the following persons may not serve as health care representatives

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ORS 127.525 Acceptance of appointment; withdrawal. (1) A person may accept appointment as a health care representative or an alternate health care representative in a form appointing a health care representative by

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ORS 127.527 Form for appointing health care representative. A form for appointing a health care representative and an alternate health care representative must be written in substantially the following form

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ORS 127.529 Form of advance directive. An advance directive executed by an Oregon resident or by a resident of any other state while physically present in this state must be in substantially the following form

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ORS 127.530 [1989 c.914 §6; repealed by 1993 c.767 §7 (127.531 enacted in lieu of 127.530)]

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ORS 127.531 [1993 c.767 §8 (enacted in lieu of 127.530); repealed by 2018 c.36 §30]

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ORS 127.532 Appointment; term of office; rules. (1) The Advance Directive Advisory Committee is established within the division of the Oregon Health Authority that is charged with performing the public health functions of the state

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ORS 127.533 Duties; advance directive elements; reports. (1) In accordance with public notice and stakeholder participation requirements prescribed by the Oregon Health Authority, the Advance Directive Advisory Committee established under ORS 127.532 shall

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ORS 127.534 [2018 c.36 §4; repealed by 2021 c.328 §11]

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ORS 127.535 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 and 127.580. 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

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ORS 127.540 Limitations on authority of health care representative. ORS 127.505 to 127.660 do not authorize an appointed health care representative to make a health care decision with respect to any of the following on behalf of the principal

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ORS 127.545 Revocation of advance directive or health care decision; when revocation effective; effect of executing form appointing health care representative. (1) An advance directive or a health care decision by a health care representative may be revoked

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ORS 127.550 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 to 127.660 is effective immediately and does not require judicial approval

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ORS 127.555 Designation of attending physician or health care provider; liability of health care representative and health care provider. (1) If there is more than one physician or health care provider caring for a principal, the principal shall designate one physician or one health care provider as the attending physician or the attending health care provider. If the principal is incapable, the health care representative for the principal shall designate the attending physician or the attending health care provider

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ORS 127.560 Provisions not exclusive; effect of provisions on civil and criminal liability of health care representative and provider. (1) Except as otherwise specifically provided, ORS 127.505 to 127.660 and 127.995 do not impair or supersede the laws of this state relating to

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ORS 127.565 Independent medical judgment of provider; effect of advance directive on insurance. (1) In following an advance directive or the decision of a health care representative, a health care provider shall exercise the same independent medical judgment that the health care provider would exercise in following the decisions of the principal if the principal were capable

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