justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.515. Execution; witnesses; out-of-state execution. (1) An advance directive form set forth in ORS 127.529 or a form appointing a health care representative set forth in ORS 127.527 may be executed by an Oregon resident or by a resident of any other state while physically present in this state. (2) The form described in subsection (1) of this section must be signed and: (a) Witnessed and signed by at least two adults; or (b) Notarized by a notary public. (3) If an advance directive or a form appointing a health care representative is validated under subsection (2)(a) of this section, each witness must witness: (a) The principal signing the advance directive or the form appointing a health care representative; or (b) The principal acknowledging the signature of the principal on the advance directive or the form appointing a health care representative. (4) For an advance directive or a form appointing a health care representative to be valid under subsection (2)(a) of this section, the witnesses may not, on the date the advance directive or the form appointing a health care representative is signed or acknowledged: (a) Be the principals attending physician or attending health care provider. (b) Be the principals health care representative or alternate health care representative appointed under ORS 127.510. (5) If an advance directive or a form appointing a health care representative is validated under subsection (2)(a) of this section, and if the principal is a patient in a long term care facility at the time the advance directive or the form appointing a health care representative is executed, one of the witnesses must be an individual who is designated by the facility and qualified as specified by the Department of Human Services by rule. (6) Notwithstanding subsection (2) of this section, an advance directive, a form appointing a health care representative or a similar instrument, that is executed by an adult who resides in another state at the time of execution, and that is executed in compliance with the laws of that state, the laws of the state where the principal is located at the time of the execution or the laws of this state, is validly executed for the purposes of ORS 127.505 to 127.660.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.520. Persons not eligible to serve as health care representative; manner of disqualifying persons for service. (1) Except as provided in ORS
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.525. Acceptance of appointment; withdrawal. (1) A person may accept appointment as a health care representative or an alternate health care representative in a form appointing a health care representative by: (a) Signing the acceptance of appointment; or (b) Representing to a third party that the person has accepted the authority and duties of a health care representative under an advance directive in which the person is named as the health care representative or alternate health care representative. (2) Subject to the right of the health care representative or the alternate health care representative to withdraw, the acceptance imposes a duty on the health care representative or the alternate health care representative to make health care decisions on behalf of the principal as described in ORS 127.510. (3) Until the principal becomes incapable, the health care representative or the alternate health care representative may withdraw by giving notice to the principal. After the principal becomes incapable, the health care representative or the alternate health care representative may withdraw by giving notice to the health care provider. [1989 c.914 5; 1993 c.767 6; 2018 c.36 12; 2021 c.328 7] (Form for Appointing Health Care Representative)
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.531. [1993 c.767 8 (enacted in lieu of 127.530); repealed by 2018 c.36 30] (Advance Directive Advisory Committee)
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.532. Appointment; term of office; rules. (1) The Advance Directive Advisory Committee is established within the division of the Oregon Health Authority that is charged with performing the public health functions of the state. (2)(a) The committee consists of 13 members. (b) One member shall be the Long Term Care Ombudsman or the designee of the Long Term Care Ombudsman. (c) The other 12 members shall be appointed by the Governor as follows: (A) One member who represents primary health care providers. (B) One member who represents hospitals. (C) One member who is a clinical ethicist affiliated with a health care facility located in this state, or affiliated with a health care organization offering health care services in this state. (D) Two members who are health care providers with expertise in palliative or hospice care, one of whom is not employed by a hospital or other health care facility, a health care organization or an insurer. (E) One member who represents individuals with disabilities. (F) One member who represents consumers of health care services. (G) One member who represents the long term care community. (H) One member with expertise advising or assisting consumers with end-of-life decisions. (I) One member from among members proposed by the Oregon State Bar who has extensive experience in elder law and advising individuals on how to execute an advance directive. (J) One member from among members proposed by the Oregon State Bar who has extensive experience in estate planning and advising individuals on how to make end-of-life decisions. (K) One member from among members proposed by the Oregon State Bar who has extensive experience in health law. (3) The term of office of each member of the committee is four years, but a member serves at the pleasure of the appointing authority. Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term. (4) A majority of the members of the committee constitutes a quorum for the transaction of business. (5) Official action by the committee requires the approval of a majority of the members of the committee. (6) The committee shall elect one of its members to serve as chairperson. (7) The committee shall meet at times and places specified by the call of the chairperson or of a majority of the members of the committee, provided that the committee meets at least twice a year. (8) The committee may adopt rules necessary for the operation of the committee. (9) Members of the committee are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses shall be paid out of funds appropriated to the Oregon Health Authority for purposes of the committee.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.533. Duties; advance directive elements; reports. (1) In accordance with public notice and stakeholder participation requirements prescribed by the Oregon Health Authority, the Advance Directive Advisory Committee established under ORS 127.532 shall: (a) Advise the Legislative Assembly regarding the form of an advance directive to be used in this state; (b) Review the form set forth in ORS 127.529 not less than once every four years for the purpose of recommending changes to the form that the advisory committee determines are necessary; and (c) Prepare written materials that provide information regarding advance directives to assist the public with completing the advance directive form. (2) At a minimum, the form of an advance directive recommended under this section must contain the following elements: (a) A statement about the purposes of the advance directive, including: (A) A statement about the purpose of the principals appointment of a health care representative to make health care decisions for the principal if the principal becomes incapable; (B) A statement about the priority of health care representative appointment in ORS
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.534. [2018 c.36 4; repealed by 2021 c.328 11] (Effect of Executing Advance Directive)
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.535. Authority of health care representative; duties; objection by principal. (1) A health care representative has the authority over the principals health care that the principal would have if the principal were not incapable, subject to the limitations of the appointment and ORS 127.540 and 127.580. A health care representative who is known to a health care provider to be available to make health care decisions has priority over any person other than the principal to act for the principal with respect to health care decisions. A health care representative has authority to make a health care decision for a principal only when the principal is incapable. (2) A health care representative is not personally responsible for the cost of health care provided to the principal solely because the health care representative makes health care decisions for the principal. (3) Except to the extent that the right is limited by the appointment or by federal law or regulation, a health care representative for an incapable principal has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records and to consent to the disclosure of medical records. The right of the health care representative to receive information as described in this section is not a waiver of any evidentiary privilege or any right to assert confidentiality with respect to others. (4) In making health care decisions, a health care representative has a duty to act consistently with the desires of the principal as expressed in the principals advance directive, or as otherwise made known by the principal to the health care representative. If the principals preferences are unknown, a health care representative has a duty to act in a manner that the health care representative in good faith believes to be in the best interests of the principal. (5) ORS 127.505 to 127.660 do not authorize a health care representative or health care provider to withhold or withdraw life-sustaining procedures or artificially administered nutrition and hydration if the principal manifests an objection to the health care decision. If the principal objects to the health care decision, the health care provider shall proceed as though the principal is capable with respect to the health care decision. (6) An advance directive or form appointing a health care representative that would be valid except that the advance directive or form appointing a health care representative is expired, is not properly witnessed or otherwise fails to meet the formal requirements of ORS 127.505 to 127.660 shall constitute evidence of the patients desires and interests. (7) A health care representative is a personal representative for the purposes of ORS 192.553 to 192.581 and the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.540. on authority of health care representative (Provisions Generally Applicable to Advance Directives and Health Care Decisions)
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.550. Petition for judicial review of advance directives; scope of review; authority to file petition. (1) A health care decision made by a person who is authorized to make the decision under ORS 127.505 to 127.660 is effective immediately and does not require judicial approval. (2) A petition may be filed under ORS 127.505 to 127.660 for one or more of the following purposes: (a) Determining whether a principal is incapable. (b) Determining whether an appointment of a health care representative or the execution of an advance directive is valid or has been suspended, reinstated, revoked or terminated. (c) Determining whether the acts or proposed acts of a health care representative breach any duty of the health care representative and whether those acts should be enjoined. (d) Declaring that a person is authorized to act as a health care representative. (e) Disqualifying a health care representative upon a determination of the court that the health care representative has violated, has failed to perform or is unable to perform the duties under ORS 127.535 (4). (f) Approving any health care decision that by law requires court approval. (g) Determining whether the acts or proposed acts of a health care representative are clearly inconsistent with the preferences of the principal as made known to the health care representative, or where the preferences of the principal are unknown or unclear, whether the acts or proposed acts of the health care representative are clearly contrary to the best interests of the principal. (h) Declaring that a form appointing a health care representative is suspended or revoked upon a determination by the court that the appointed health care representative has made a health care decision for the principal that authorized anything illegal. A suspension or revocation of a form appointing a health care representative under this paragraph shall be in the discretion of the court. (i) Considering any other matter that the court determines needs to be decided for the protection of the principal. (3) A petition may be filed by any of the following: (a) The principal. (b) A health care representative. (c) The spouse, parent, sibling or adult child of the principal. (d) An adult relative or adult friend of the principal who is familiar with the desires of the principal. (e) The guardian of the principal. (f) The conservator of the principal. (g) The attending physician or attending health care provider of the principal. (4) A petition under this section shall be filed in the circuit court in the county in which the principal resides or is located. (5) A determination described in this section may be made by the court as a part of a protective proceeding under ORS chapter 125 if a guardian or temporary guardian has been appointed for the principal, or if the petition seeks the appointment of a guardian or a temporary guardian for the principal.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.555. Designation of attending physician or health care provider; liability of health care representative and health care provider. (1) If there is more than one physician or health care provider caring for a principal, the principal shall designate one physician or one health care provider as the attending physician or the attending health care provider. If the principal is incapable, the health care representative for the principal shall designate the attending physician or the attending health care provider. (2) Health care representatives, and persons who are acting under a reasonable belief that they are health care representatives, are not guilty of any criminal offense, or subject to civil liability, or in violation of any professional oath, affirmation or standard of care for any action taken in good faith as a health care representative. (3) A health care provider acting or declining to act in reliance on the health care decision made in an advance directive or in a document that the health care provider reasonably believes to be an advance directive, made by an attending physician or attending health care provider under ORS 127.635 (3), or made by a person who the health care provider believes is the health care representative for an incapable principal, is not subject to criminal prosecution, civil liability or professional disciplinary action on grounds that the health care decision is unauthorized unless the health care provider: (a) Fails to satisfy a duty that ORS 127.505 to 127.660 place on the health care provider; (b) Acts without medical confirmation as required under ORS 127.505 to 127.660; (c) Knows or has reason to know that the requirements of ORS 127.505 to 127.660 have not been satisfied; or (d) Acts after receiving notice that: (A) The authority or decision on which the health care provider relied is revoked, suspended, superseded or subject to other legal infirmity; (B) A court challenge to the health care decision or the authority relied on in making the health care decision is pending; or (C) The health care representative has withdrawn or has been disqualified. (4) The immunities provided by this section do not apply to: (a) The manner of administering health care pursuant to a health care decision made by the health care representative or by an advance directive; or (b) The manner of determining the health condition or incapacity of the principal. (5) A health care provider who determines that a principal is incapable is not subject to criminal prosecution, civil liability or professional disciplinary action for failing to follow that principals direction except for a failure to follow a principals manifestation of an objection to a health care decision under ORS 127.535 (5).
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.560. Provisions not exclusive; effect of provisions on civil and criminal liability of health care representative and provider. (1) Except as otherwise specifically provided, ORS 127.505 to 127.660 and 127.995 do not impair or supersede the laws of this state relating to: (a) Any requirement of notice to others of proposed health care; (b) The standard of care required of a health care provider in the administration of health care; (c) Whether consent is required for health care; (d) The elements of informed consent for health care under ORS 677.097 or other law; (e) The provision of health care in an emergency; (f) Any right a capable person may have to consent or withhold consent to health care administered in good faith pursuant to religious tenets of the individual requiring health care; (g) Delegation of authority by a health care representative; (h) Any legal right or responsibility any person may have to effect the withholding or withdrawal of life-sustaining procedures including artificially administered nutrition and hydration in any lawful manner; (i) Guardianship or conservatorship proceedings; or (j) Any right persons may otherwise have to make their own health care decisions, or to make health care decisions for another. (2) The provisions of ORS 127.505 to 127.660 and 127.995 do not in themselves impose civil or criminal liability on a health care representative or health care provider who withholds or withdraws or directs the withholding or withdrawal of life-sustaining procedures or artificially administered nutrition and hydration when a principal is in a health condition other than those conditions described in ORS 127.540 (5)(b), 127.580 or 127.635 (1). The provisions of ORS 127.505 to 127.660 and 127.995 do not abolish or limit the civil or criminal liability of a health care representative under other statutory or common law if the health care representative withholds or withdraws or directs the withholding or withdrawal of life-sustaining procedures or artificially administered nutrition and hydration when a principal is in a health condition other than those conditions described in ORS 127.540 (5)(b),
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.565. Independent medical judgment of provider; effect of advance directive on insurance. (1) In following an advance directive or the decision of a health care representative, a health care provider shall exercise the same independent medical judgment that the health care provider would exercise in following the decisions of the principal if the principal were capable. (2) A person may not be required to execute or to refrain from executing an advance directive or to appoint or to refrain from appointing a health care representative as a condition for insurance. A health care provider may not condition the provision of health care or otherwise discriminate against an individual based on whether or not the individual has executed an advance directive or has appointed a health care representative. (3) No existing or future policy of insurance is legally impaired or invalidated in any manner by actions taken under ORS 127.505 to 127.660. A person may not be discriminated against in premium or contract rates because of the existence or absence of an advance directive or appointment of a health care representative. (4) Nothing in ORS 127.505 to 127.660 is intended to impair or supersede any conflicting federal statute.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.570. Mercy killing; suicide. (1) Nothing in ORS 127.505 to 127.660 and 127.995 is intended to condone, authorize or approve mercy killing, or to permit an affirmative or deliberate act or omission to end life, other than to allow the natural process of dying. In making a health care decision, a health care representative may not consider an attempted suicide by the principal as any indication of the principals wishes with regard to health care. (2) The withholding or withdrawing of a life-sustaining procedure or of artificially administered nutrition and hydration in accordance with the provisions of ORS 127.505 to 127.660 and 127.995 does not, for any purpose, constitute a suicide, assisting a suicide, mercy killing or assisted homicide.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.575. Instrument presumed valid. A health care provider has no duty to give effect to any instrument unless the provider has received a copy of the instrument. Health care providers are entitled to assume the validity and enforceability of an advance directive if the directive on its face is in compliance with ORS 127.505 to 127.660 and 127.995, and the provider has not been given notice of a suspension, reinstatement, revocation, superseding document, disqualification, withdrawal, dispute or other legal infirmity raising a question as to the validity or enforceability of the directive. Health care providers are entitled to assume the validity and enforceability of any other instrument if the provider has not been given notice of a suspension, reinstatement, revocation, superseding document, disqualification, withdrawal, dispute or other legal infirmity raising a question as to the validity or enforceability of the instrument.