2017 ORS 127.520¹
Persons not eligible to serve as attorney-in-fact
  • manner of disqualifying persons for service as attorney-in-fact

This section is amended
Effective June 2, 2018
Relating to health care decisions; creating new provisions; amending ORS 97.953, 97.955, 97.959, 127.005, 127.505, 127.510, 127.515, 127.520, 127.525, 127.535, 127.545, 127.550, 127.555, 127.565, 127.625, 127.635, 127.640, 127.649, 127.658, 127.737, 127.760, 163.193 and 163.206; repealing ORS 127.531; and prescribing an effective date.

(1) Except as provided in ORS 127.635 (Withdrawal of life-sustaining procedures) 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 an employee of the attending physician; or

(B) An owner, operator or employee of a health care facility in which the principal is a patient or resident, unless the health care representative was appointed before the principal’s admission to the facility; or

(b) A person who is the principal’s parent or former guardian and:

(A) At any time while the principal was under the care, custody or control of the person, a court entered an order:

(i) Taking the principal into protective custody under ORS 419B.150 (When protective custody authorized); or

(ii) Committing the principal to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337 (Commitment to custody of Department of Human Services); and

(B) The court entered a subsequent order that:

(i) The principal should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the principal to be returned to the person’s home, and no subsequent order of the court was entered that permitted the principal to return to the person’s home before the principal’s wardship was terminated under ORS 419B.328 (Ward of the court); or

(ii) Terminated the person’s parental rights under ORS 419B.500 (Termination of parental rights generally) and 419B.502 (Termination upon finding of extreme conduct) to 419B.524 (Effect of termination order).

(2) A principal, while not incapable, may petition the court to remove a prohibition contained in subsection (1)(b) of this section.

(3) A capable adult may disqualify any other person from making health care decisions for the capable adult. The disqualification must be in writing and signed by the capable adult. The disqualification must specifically designate those persons who are disqualified.

(4) A health care representative whose authority has been revoked by a court is disqualified.

(5) A health care provider who has actual knowledge of a disqualification may not accept a health care decision from a disqualified individual.

(6) A person who has been disqualified from making health care decisions for a principal, and who is aware of that disqualification, may not make health care decisions for the principal. [1989 c.914 §4; 1993 c.767 §5; 2011 c.194 §2]

Law Review Cita­tions

26 WLR 317-338 (1990); 71 OLR 909 (1992)

1 Legislative Counsel Committee, CHAPTER 127—Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors127.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 127, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano127.­html (2017) (last ac­cessed Mar. 30, 2018).
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.