Title 13, Protective Proceedings; Powers of Attorney; Trusts

For the purposes of ORS 127.005 to 127.045: (1) “Agent” includes an attorney-in-fact. (2) “Financially incapable” has the meaning given that term in ORS 125.005. (3) “Incapacitated” has the meaning given that term in ORS 125.005. [2009 c.46 §1; 2021 c.272 §6; 2023 c.9 §8]

(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: (a) The power of attorney becomes effective when executed and rema…

(1) The authority of an agent under a power of attorney terminates upon the occurrence of any of the following: (a) The principal dies. (b) The principal or the court revokes the power of attorney. (c) The agent dies, becomes financially incapable or incapacitated or resigns. (d)…

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]

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.…

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]

As used in ORS 127.505 to 127.660 and 127.995: (1) “Adult” means an individual who: (a) Is 18 years of age or older; or (b) Has been adjudicated an emancipated minor, or is a minor who is married. (2)(a) “Advance directive” means a document executed by a principal that contains: …

Capable adults may make their own health care decisions. [1993 c.767 §2] (Formalities of Executing Advance Directive)

(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. (2)(a) A capable adult may use a form appointing a health care representative to appoint a competent…

(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. (2) The form described in subsection…

(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: (a) If unrelated to the principal by blood, marriage or adoption: (A) The attending physician or attending health care provider of the pr…

(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: (a) Signing the acceptance of appointment; or (b) Representing to a third party that the person has accepted the au…

A form for appointing a health care representative and an alternate health care representative must be written in substantially the following form: ______________________________________________________________________________ FORM FOR APPOINTING HEALTH CARE REPRESENTATIVE AND AL…

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: ______________________________________________________________________________ OREGON ADVANCE DIRECTIVE FOR …

(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. (2)(a) The committee consists of 13 members. (b) One member shall be the Long Term Care Ombudsm…

(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: (a) Advise the Legislative Assembly regarding the form of an advance directive …

(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 …

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: (1) Convulsive treatment. (2) Psychosurgery. (3) Sterilization. (4) Abortion. (5) Withholding or withdra…

(1) An advance directive or a health care decision by a health care representative may be revoked: (a) If the advance directive or health care decision involves the decision to withhold or withdraw life-sustaining procedures or artificially administered nutrition and hydration, a…

(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. (2) A petition may be filed under ORS 127.505 to 127.660 for one or more of the following purposes: (a)…

(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 represe…

(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: (a) Any requirement of notice to others of proposed health care; (b) The standard of care required of a health care provider in the adm…

(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 capabl…

(1) Nothing in ORS 127.505 to 127.660 and 127.995 is intended to condone, authorize or approve mercy killing, or to permit an affirmative or deliberate act or omission to end life, other than to allow the natural process of dying. In making a health care decision, a health care r…

A health care provider has no duty to give effect to any instrument unless the provider has received a copy of the instrument. Health care providers are entitled to assume the validity and enforceability of an advance directive if the directive on its face is in compliance with O…

(1) It shall be presumed that every person who is temporarily or permanently incapable has consented to artificially administered nutrition and hydration, other than hyperalimentation, that are necessary to sustain life except in one or more of the following circumstances: (a) Th…

(1) A health care provider is not under any duty, whether by contract, statute or other legal requirement, to participate in the withdrawal or withholding of life-sustaining procedures or of artificially administered nutrition or hydration. (2) If a health care provider is unable…

(1) Life-sustaining procedures that would otherwise be applied to a principal who is incapable and who does not have an appointed health care representative or applicable valid advance directive may be withheld or withdrawn in accordance with subsections (2) and (3) of this secti…

Before withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration under the provisions of ORS 127.540, 127.580 or 127.635, the attending physician or attending health care provider shall determine that the conditions of ORS 127.540,…

Individuals caring for a principal from whom life-sustaining procedures or artificially administered nutrition and hydration are withheld or withdrawn shall provide care to insure comfort and cleanliness, including but not limited to the following: (1) Oral and body hygiene. (2) …

As used in ORS 127.646 to 127.654: (1) “Health care organization” means a home health agency, hospice program, hospital, long term care facility or health maintenance organization. (2) “Health maintenance organization” has the meaning given that term in ORS 750.005, except that “…

(1) Subject to the provisions of ORS 127.652 and 127.654, all health care organizations shall maintain written policies and procedures, applicable to each capable adult individual who receives health care by or through the health care organization, that provide for: (a) Deliverin…

The written information described in ORS 127.649 (1) shall be provided: (1) By hospitals, not later than five days after an individual is admitted as an inpatient, but in any event before discharge; (2) By long term care facilities, not later than five days after an individual is…

(1) The requirements of ORS 127.646 to 127.654 are in addition to any requirements that may be imposed under federal law, but ORS 127.646 to 127.654 shall be interpreted in a fashion consistent with the Patient Self-Determination Act, enacted by sections 4206 and 4751 of Public L…

(1) ORS 127.505 to 127.660 as enacted, the repeal of any statute that was a part of ORS 127.505 to 127.660 and subsequent amendments to the provisions of ORS 127.505 to 127.660 do not impair or supersede any advance directive, form appointing a health care representative or direc…

ORS 127.505 to 127.660 and 127.995 may be cited as the Oregon Health Care Decisions Act. [1993 c.767 §24] PHYSICIAN ORDERS FOR LIFE-SUSTAINING TREATMENT REGISTRY

As used in ORS 127.663 to 127.684: (1) “Authorized user” means a person authorized by the Oregon Health Authority to provide information to or receive information from the POLST registry. (2) “Life-sustaining treatment” means any medical procedure, pharmaceutical, medical device …

(1) The Oregon Health Authority shall establish and operate a statewide registry for the collection and dissemination of physician orders for life-sustaining treatment to help ensure that medical treatment preferences for an individual nearing the end of the individual’s life are…

Nothing in ORS 127.663 to 127.684 requires the Oregon Health Authority to: (1) Prescribe the form or content of a POLST; (2) Disseminate forms to be used for a POLST; (3) Educate the public about POLSTs, generally; or (4) Train health care providers about POLSTs. [2009 c.595 §118…

Nothing in ORS 127.663 to 127.684 is intended to require an individual to have a POLST or to require a health professional to authorize or execute a POLST. A POLST may be revoked at any time. [2009 c.595 §1183]

Except as provided in ORS 127.666, all information collected or developed by the POLST registry that identifies or could be used to identify a patient, health care provider or facility is confidential and is not subject to civil or administrative subpoena or to discovery in a civ…

Any person reporting information to the POLST registry or acting on information obtained from the POLST registry in good faith is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the reporting of information to the POLST regi…

ORS 127.663 to 127.684 shall be known and may be cited as the Oregon POLST Registry Act. [2009 c.595 §1181] NONOPIOID DIRECTIVE

(1) As used in this section: (a) “Emergency medical services provider” means a person practicing within the scope of the person’s license to practice as an emergency medical services provider under ORS chapter 682. (b) “Health care advocate” has the meaning given that term in ORS…

As used in ORS 127.700 to 127.737: (1) “Attending physician” shall have the same meaning as provided in ORS 127.505. (2) “Attorney-in-fact” means an adult validly appointed under ORS 127.540, 127.700 to 127.737 and 426.385 to make mental health treatment decisions for a principal…

(1) An adult of sound mind may make a declaration of preferences or instructions regarding mental health treatment. The preferences or instructions may include consent to or refusal of mental health treatment. (2) A declaration for mental health treatment continues in effect for …

(1) All health care and mental health care organizations shall maintain written policies and procedures, applicable to all capable adults who are receiving mental health treatment by or through the organization, that provide for: (a) Delivering to those individuals the following …

A declaration may designate a competent adult to act as attorney-in-fact to make decisions about mental health treatment. An alternative attorney-in-fact may also be designated to act as attorney-in-fact if the original designee is unable or unwilling to act at any time. An attor…

(1) A declaration is effective only if it is signed by the principal and: (a) Signed by two competent adult witnesses; or (b) Notarized by a notary public. (2) If a declaration is validated under subsection (1)(a) of this section, each witness must: (a) Witness the principal sign…

A declaration becomes operative when it is delivered to the principal’s physician or other provider and remains valid until revoked or expired. The physician or provider shall act in accordance with an operative declaration when the principal has been found to be incapable. The p…