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

(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 if unrelated to the principal by blood, marriage or adoption:

(a) The attending physician or an employee of the attending physician.

(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.

(2) 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.

(3) A health care representative whose authority has been revoked by a court is disqualified.

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

(5) 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]

Law Review Cita­tions

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

1 Legislative Counsel Committee, CHAPTER 127—Powers of Attorney; Advance Directives for Health Care; Declarations for Mental Health Treatment; Death with Dignity, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­127.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 127, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­127ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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. Currency Information