2017 ORS 127.545¹
Revocation of advance directive or health care decision
  • when revocation effective
  • effect of executing power of attorney for health care

(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, at any time and in any manner by which the principal is able to communicate the intent to revoke; or

(b) At any time and in any manner by a capable principal.

(2) Revocation is effective upon communication by the principal to the attending physician or health care provider, or to the health care representative. If the revocation is communicated to the health care representative, and the principal is incapable and is under the care of a health care provider known to the representative, the health care representative must promptly inform the attending physician or health care provider of the revocation.

(3) Upon learning of the revocation, the health care provider or attending physician shall cause the revocation to be made a part of the principal’s medical records.

(4) Execution of a valid power of attorney for health care revokes any prior power of attorney for health care. Unless the health care instruction provides otherwise, execution of a valid health care instruction revokes any prior health care instruction.

(5) Unless the advance directive provides otherwise, the directions as to health care decisions in a valid advance directive supersede:

(a) Any directions contained in a previous court appointment or advance directive; and

(b) Any prior inconsistent expression of desires with respect to health care decisions.

(6) Unless the power of attorney for health care provides otherwise, valid appointment of an attorney-in-fact for health care supersedes:

(a) Any power of a guardian or other person appointed by a court to make health care decisions for the protected person; and

(b) Any other prior appointment or designation of a health care representative.

(7) Unless the power of attorney for health care expressly provides otherwise, a power of attorney for health care is suspended:

(a) If both the attorney-in-fact and the alternative attorney-in-fact have withdrawn; or

(b) If the power of attorney names the principal’s spouse as attorney-in-fact, a petition for dissolution or annulment of marriage is filed and the principal does not reaffirm the appointment in writing after the filing of the petition.

(8)(a) If the principal has both a valid health care instruction and a valid power of attorney for health care, and if the directions reflected in those documents are inconsistent, the document last executed governs to the extent of the inconsistency.

(b) If the principal has both a valid health care instruction, or a valid power of attorney for health care, and a declaration for mental health treatment made in accordance with ORS 127.700 (Definitions for ORS 127.700 to 127.737) to 127.737 (Certain other laws applicable to declaration), and if the directions reflected in those documents are inconsistent, the directions contained in the declaration for mental health treatment governs to the extent of the inconsistency.

(9) Any reinstatement of an advance directive must be in writing. [1989 c.914 §9; 1993 c.571 §26a; 1993 c.767 §12; 2015 c.82 §1]

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.