ORS 127.540¹
Limitations on authority of health care representative

ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) 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) Admission to or retention in a health care facility for care or treatment of mental illness.

(2) Convulsive treatment.

(3) Psychosurgery.

(4) Sterilization.

(5) Abortion.

(6) Withholding or withdrawing of a life-sustaining procedure unless:

(a) The appointed health care representative has been given authority to make decisions on withholding or withdrawing life-sustaining procedures; or

(b) The principal has been medically confirmed to be in one of the following conditions:

(A) A terminal condition.

(B) Permanently unconscious.

(C) A condition in which administration of life-sustaining procedures would not benefit the principal’s medical condition and would cause permanent and severe pain.

(D) A progressive, debilitating illness that will be fatal and is in its advanced stages, and the principal is consistently and permanently unable to communicate, swallow food and water safely, care for the principal, and recognize the principal’s family and other people, and there is no reasonable chance that the principal’s underlying condition will improve.

(7) Withholding or withdrawing artificially administered nutrition and hydration, other than hyperalimentation, necessary to sustain life except as provided in ORS 127.580 (Presumption of consent to artificially administered nutrition and hydration). [1989 c.914 §8; 1993 c.442 §18; 1993 c.767 §10]

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