Manner of executing advance directive
- • forms
- • witnesses
- • directives executed out of state
(1) An advance directive may be executed by a resident or nonresident adult of this state in the manner provided by ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties).
(2) A power of attorney for health care must be in the form provided by Part B of the advance directive form set forth in ORS 127.531 (Form of advance directive), or must be in the form provided by ORS 127.530 (1991 Edition).
(3) A health care instruction must be in the form provided by Part C of the advance directive form set forth in ORS 127.531 (Form of advance directive), or must be in the form provided by ORS 127.610 (1991 Edition).
(4) An advance directive must reflect the date of the principal’s signature. To be valid, an advance directive must be witnessed by at least two adults as follows:
(a) Each witness shall witness either the signing of the instrument by the principal or the principal’s acknowledgment of the signature of the principal.
(b) Each witness shall make the written declaration as set forth in the form provided in ORS 127.531 (Form of advance directive).
(c) One of the witnesses shall be a person who is not:
(A) A relative of the principal by blood, marriage or adoption;
(B) A person who at the time the advance directive is signed would be entitled to any portion of the estate of the principal upon death under any will or by operation of law; or
(C) An owner, operator or employee of a health care facility where the principal is a patient or resident.
(d) The attorney-in-fact for health care or alternative attorney-in-fact may not be a witness. The principal’s attending physician at the time the advance directive is signed may not be a witness.
(e) If the principal is a patient in a long term care facility at the time the advance directive is executed, one of the witnesses must be an individual designated by the facility and having any qualifications that may be specified by the Department of Human Services by rule.
(5) Notwithstanding subsections (2) to (4) of this section, an advance directive executed by an adult who at the time of execution resided in another state, in compliance with the formalities of execution required by the laws of that state, the laws of the state where the principal was located at the time of execution or the laws of this state, is validly executed for the purposes of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) and may be given effect in accordance with its provisions, subject to the laws of this state. [1989 c.914 §3; 1993 c.767 §4]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.