reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 126 - Property Held for the Benefit of Minors; Uniform Transfers to Minors Act › Section 126.857 - Third person’s duties in dealing with custodian.

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1) The validity of the purported custodian’s designation;
(2) The propriety of, or the authority under ORS 126.805 to 126.886 for, any act of the purported custodian;
(3) The validity or propriety under ORS 126.805 to 126.886 of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) The propriety of the application of any property of the beneficiary delivered to the purported custodian. [1985 c.665 §17; 2005 c.349 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 126 - Property Held for the Benefit of Minors; Uniform Transfers to Minors Act › Section 126.859 - Claims against custodial property; liability of custodian and beneficiary.

(1) A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of custodial property or a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the beneficiary is personally liable therefor.
(2) A custodian is not personally liable:
(a) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(b) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(3) A beneficiary is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the beneficiary is personally at fault. [1985 c.665 §18; 2005 c.349 §12]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 126 - Property Held for the Benefit of Minors; Uniform Transfers to Minors Act › Section 126.866 - Petition for accounting by custodian, determination of responsibility.

(1) A beneficiary who has attained 14 years of age, the beneficiary’s guardian or legal representative, an adult member of the beneficiary’s family, a transferor or a transferor’s legal representative may petition the court:
(a) For an accounting by the custodian or the custodian’s legal representative; or
(b) For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under ORS 126.859 to which the beneficiary or the beneficiary’s legal representative was a party.
(2) A successor custodian may petition the court for an accounting by the predecessor custodian.
(3) The court, in a proceeding under ORS 126.805 to 126.886 or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account.
(4) If a custodian is removed under ORS 126.862 (6), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property. [1985 c.665 §20; 2005 c.349 §14]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 126 - Property Held for the Benefit of Minors; Uniform Transfers to Minors Act › Section 126.869 - Time of transfer of custodial property to beneficiary or beneficiary’s estate.

Except as provided in ORS 126.872, the custodian shall transfer in an appropriate manner the custodial property to the beneficiary or to the beneficiary’s estate upon the earlier of:
(1) The beneficiary’s attainment of 21 years of age with respect to custodial property transferred under ORS 126.816 or 126.819;
(2) The beneficiary’s attainment of 18 years of age with respect to custodial property transferred under ORS 126.822 or 126.826; or
(3) The beneficiary’s death. [1985 c.665 §21; 2001 c.244 §6; 2005 c.349 §15]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 126 - Property Held for the Benefit of Minors; Uniform Transfers to Minors Act › Section 126.872 - Delayed transfer of custodial property to beneficiary.

(1) Except as provided in this section, a person making a transfer to a custodian under ORS 126.816 or 126.819 may provide for a delayed transfer of the custodial property to the beneficiary at a specific time after the beneficiary attains the age of 21 years and:
(a) Before the beneficiary attains the age of 25 years; or
(b) The date on which the beneficiary attains the age of 25 years.
(2) If the person making the transfer to the custodian under ORS 126.816 or 126.819 specifies no time for the transfer of the custodial property to the beneficiary, the custodian shall transfer the custodial property to the beneficiary on the date that the beneficiary attains the age of 21 years.
(3) A personal representative or trustee making a transfer to a custodian under ORS 126.819 may provide for a delayed transfer of the custodial property pursuant to this section only if the governing will or trust directs that the custodial property be transferred within the time specified by subsection (1) of this section. The transfer to the custodian must provide that the custodial property be transferred to the beneficiary at the age specified in the governing will or trust.
(4) A transfer to a custodian under ORS 126.816 or 126.819 is not invalid if the transfer provides that the custodial property be transferred to the beneficiary after the beneficiary attains the age of 25 years. If an otherwise valid transfer provides that the custodial property be transferred to the beneficiary after the beneficiary attains the age of 25 years, the custodial property must be transferred to the beneficiary on the date that the beneficiary attains the age of 25 years. [2001 c.244 §2; 2005 c.349 §16]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 126 - Property Held for the Benefit of Minors; Uniform Transfers to Minors Act › Section 126.875 - Accounting by custodian.

The custodian is not required to account to the beneficiary or to any other person for the acts and proceedings of the custodian unless the beneficiary, a parent of the beneficiary, the legal representative of the beneficiary or a successor custodian petitions the circuit court for an accounting no later than two years after the beneficiary becomes an adult or attains a lesser age as provided in ORS 126.805 to 126.886 or dies before becoming an adult or attaining that lesser age. [1959 c.640 §17; 1983 c.457 §5; 1985 c.665 §26; 2005 c.349 §17]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 126 - Property Held for the Benefit of Minors; Uniform Transfers to Minors Act › Section 126.877 - Applicability of ORS 126.805 to 126.886 to transfers made after January 1, 1986.

ORS 126.805 to 126.886 apply to a transfer within the scope of ORS 126.809 made after January 1, 1986, if:
(1) The transfer purports to have been made under the Oregon Uniform Gifts to Minors Act; or
(2) The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of ORS 126.805 to 126.886 is necessary to validate the transfer. [1985 c.665 §22]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 126 - Property Held for the Benefit of Minors; Uniform Transfers to Minors Act › Section 126.879 - Validation of transfer made before January 1, 1986.

(1) Any transfer of custodial property made before January 1, 1986, is validated notwithstanding that there was no specific authority in ORS 126.805 to 126.886 prior to January 1, 1986, for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(2) ORS 126.805 to 126.886 apply to all transfers made before January 1, 1986, in a manner and form prescribed in the Oregon Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on January 1, 1986.
(3) ORS 126.805 and 126.869 with respect to the age of a minor for whom custodial property is held under ORS 126.805 to 126.886 do not apply to custodial property held in a custodianship that terminated because of the minor’s attainment of 18 years of age after October 4, 1973, and before January 1, 1986. [1985 c.665 §23]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 126 - Property Held for the Benefit of Minors; Uniform Transfers to Minors Act › Section 126.882 - Application and construction of ORS 126.805 to 126.886.

ORS 126.805 to 126.886 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ORS 126.805 to 126.886 among states enacting it. [1985 c.665 §24]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 126 - Property Held for the Benefit of Minors; Uniform Transfers to Minors Act › Section 126.886 - Short title.

ORS 126.805 to 126.886 may be cited as the "Oregon Uniform Transfers to Minors Act." [1985 c.665 §25]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 126 - Property Held for the Benefit of Minors; Uniform Transfers to Minors Act › Section 126.925

[1969 c.627 §§3,6; 1973 c.823 §117; 1995 c.664 §86; renumbered 125.710 in 1995]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 126 - Property Held for the Benefit of Minors; Uniform Transfers to Minors Act › Section 126.945

[1969 c.627 §5; 1973 c.823 §119; 1995 c.664 §87; renumbered 125.720 in 1995]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 126 - Property Held for the Benefit of Minors; Uniform Transfers to Minors Act › Section 126.965

[1969 c.627 §8; 1973 c.823 §121; 1991 c.790 §10; renumbered 125.730 in 1995]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.002 - Definitions for ORS 127.005 to 127.045.

For the purposes of ORS 127.005 to 127.045:
(1) "Agent" includes an attorney-in-fact.
(2) "Financially incapable" has the meaning given that term in ORS 125.005.
(3) "Incapacitated" has the meaning given that term in ORS 125.005. [2009 c.46 §1; 2021 c.272 §6; 2023 c.9 §8]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.005 - When power of attorney in effect; accounting to conservator.

(1) When a principal designates another person as an agent by a power of attorney in writing, and the power of attorney does not contain words that otherwise delay or limit the period of time of its effectiveness:
(a) The power of attorney becomes effective when executed and remains in effect until the power is revoked by the principal or by the terms of the power of attorney, or until the authority of all agents under the power of attorney is terminated as provided in ORS 127.015;
(b) The powers of the agent are unaffected by the passage of time; and
(c) The powers of the agent are exercisable by the agent on behalf of the principal even though the principal becomes financially incapable.
(2) The terms of a power of attorney may provide that the power of attorney will become effective at a specified future time, or will become effective upon the occurrence of a specified future event or contingency such as the principal becoming financially incapable. If a power of attorney becomes effective upon the occurrence of a specified future event or contingency, the power of attorney may designate a person or persons to determine whether the specified event or contingency has occurred, and the manner in which the determination must be made. A person designated by a power of attorney to determine whether the principal is financially incapable is the principal’s 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.
(3) If a power of attorney becomes effective upon the principal becoming financially incapable and either the power of attorney does not designate a person or persons to make the determination as to whether the principal is financially incapable or none of the designated persons is willing or able to make the determination, a determination that the principal is financially incapable may be made by any physician. The physician’s determination must be made in writing.
(4) All acts done by an agent under a power of attorney during a period in which the principal is financially incapable have the same effect, and inure to the benefit of and bind the principal, as though the principal were not financially incapable.
(5) If a conservator is appointed for a principal, the agent shall account to the conservator, rather than to the principal, for so long as the conservatorship lasts. The conservator has the same power that the principal would have to revoke, suspend or terminate all or any part of the power of attorney.
(6) This section does not apply to ORS 127.505 to 127.660. [Formerly 126.407; 1993 c.767 §25; 2001 c.395 §4; 2009 c.46 §2; 2018 c.36 §10; 2021 c.272 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.015 - Revocation of power of attorney; termination of agent’s authority not effective until death or other event known.

(1) The authority of an agent under a power of attorney terminates upon the occurrence of any of the following:
(a) The principal dies.
(b) The principal or the court revokes the power of attorney.
(c) The agent dies, becomes financially incapable or incapacitated or resigns.
(d) The power of attorney by its terms provides that the power of attorney terminates.
(e) An action is filed for the dissolution or annulment of the principal’s marriage or registered domestic partnership to the agent, or for the separation of the principal and agent, unless otherwise provided by terms of the power of attorney, agreement of the parties or order of the court.
(2) A court may order that a power of attorney is revoked upon appointment by the court of a conservator for the principal.
(3) The death of a principal who has executed a power of attorney in writing, or the occurrence of any other event that would otherwise terminate the authority of the agent, does not revoke or terminate the authority of an agent who, without actual knowledge of the death of the principal or other event, acts in good faith under the power of attorney. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and heirs, devisees and personal representatives of the principal.
(4) An affidavit executed by an agent that states that the agent did not have, at the time of doing an act under the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death or other event, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument that is recordable, the affidavit may also be recorded.
(5) This section does not alter or affect any provision for revocation or termination contained in the power of attorney. [Formerly 126.413; 2009 c.46 §3; 2021 c.272 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.025 - Authority under power of attorney recognizable regardless of date of execution.

A person may not refuse to recognize the authority of an agent under a power of attorney based solely on the passage of time since the power of attorney was executed. [2001 c.395 §1; 2009 c.46 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.035 - Limitations on liability of person reasonably relying on power of attorney.

Any person who reasonably relies in good faith on the authority of an agent under a power of attorney is not liable to any other person based on that reliance, and is not required to ensure that assets of the principal that are paid or delivered to the agent are properly applied. Any person who has not received actual notice of revocation of a power of attorney is not liable to any other person by reason of relying on a power of attorney that has been revoked. [2001 c.395 §2; 2009 c.46 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.045 - Duty of agent under power of attorney.

Unless otherwise provided in the power of attorney document, an agent must use the property of the principal for the benefit of the principal. [2001 c.395 §3; 2009 c.46 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.507 - Capable adults may make own health care decisions.

Capable adults may make their own health care decisions. [1993 c.767 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 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 principal’s attending physician or attending health care provider.
(b) Be the principal’s 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. [1989 c.914 §3; 1993 c.767 §4; 2018 c.36 §8; 2021 c.328 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.520 - Persons not eligible to serve as health care representative; manner of disqualifying persons for service.

(1) Except as provided in ORS 127.635 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 attending health care provider of the principal, or an employee of the attending physician or attending health care provider of the principal; 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 if:
(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; or
(ii) Committing the principal to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; 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; or
(ii) Terminated the person’s parental rights under ORS 419B.500 and 419B.502 to 419B.524.
(2) A principal, while not incapable, may petition the court to remove a prohibition described 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 the disqualified person.
(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; 2018 c.36 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.540 - Limitations on authority of health care representative.

ORS 127.505 to 127.660 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) Convulsive treatment.
(2) Psychosurgery.
(3) Sterilization.
(4) Abortion.
(5) 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.
(6) Withholding or withdrawing artificially administered nutrition and hydration, other than hyperalimentation, necessary to sustain life except as provided in ORS 127.580. [1989 c.914 §8; 1993 c.442 §18; 1993 c.767 §10; 2011 c.149 §1]
(Provisions Generally Applicable
to Advance Directives and
Health Care Decisions)
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 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 principal’s direction except for a failure to follow a principal’s manifestation of an objection to a health care decision under ORS 127.535 (5). [1989 c.914 §10; 1993 c.767 §14; 2018 c.36 §16]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 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), 127.580 or 127.635 (1). [1989 c.914 §11; 1993 c.767 §15; 2011 c.149 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 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. [1989 c.914 §12; 1993 c.767 §16; 2018 c.36 §17]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 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 principal’s 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. [1989 c.914 §14; 1993 c.767 §17]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 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. [1989 c.914 §15; 1993 c.767 §18]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.580 - Presumption of consent to artificially administered nutrition and hydration; exceptions.

(1) It shall be presumed that every person who is temporarily or permanently incapable has consented to artificially administered nutrition and hydration, other than hyperalimentation, that are necessary to sustain life except in one or more of the following circumstances:
(a) The person while a capable adult clearly and specifically stated that the person would have refused artificially administered nutrition and hydration.
(b) Administration of such nutrition and hydration is not medically feasible or would itself cause severe, intractable or long-lasting pain.
(c) The person has an appointed health care representative who has been given authority to make decisions on the use, maintenance, withholding or withdrawing of artificially administered nutrition and hydration.
(d) The person does not have an appointed health care representative or an advance directive that clearly states that the person did not want artificially administered nutrition and hydration, and the person is permanently unconscious.
(e) The person does not have an appointed health care representative or an advance directive that clearly states that the person did not want artificially administered nutrition and hydration, the person is incapable, and the person has a terminal condition.
(f) The person has a progressive illness that will be fatal and is in an advanced stage, the person is consistently and permanently unable to communicate by any means, swallow food and water safely, care for the person’s self and recognize the person’s family and other people, and it is very unlikely that the person’s condition will substantially improve.
(2) If a person does not have an appointed health care representative or an advance directive that clearly states that the person did not want artificially administered nutrition and hydration, but the presumption established by this section has been overcome under the provisions of subsection (1)(a), (b), (d), (e) or (f) of this section, artificially administered nutrition and hydration may be withheld or withdrawn under the provisions of ORS 127.635 (2), (3) and (4).
(3) The medical conditions specified in subsection (1)(b), (d), (e) and (f) of this section must be medically confirmed to overcome the presumption established by subsection (1) of this section. [1989 c.914 §16; 1993 c.767 §18a]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.585

[1989 c.914 §13; 1993 c.767 §19; renumbered 127.995 in 1993]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.625 - Providers under no duty to participate in withdrawal or withholding of certain health care; duty of provider who is unwilling to participate.

(1) A health care provider is not under any duty, whether by contract, statute or other legal requirement, to participate in the withdrawal or withholding of life-sustaining procedures or of artificially administered nutrition or hydration.
(2) If a health care provider is unable or unwilling to carry out an advance directive or the decisions of the health care representative, the following provisions apply:
(a) The health care provider shall promptly notify the health care representative, if the principal has appointed a health care representative;
(b) If the authority or decision of the health care representative is in dispute, the health care representative or health care provider may seek the guidance of the court in the manner provided in ORS 127.550;
(c) If the health care representative’s authority or decision is not in dispute, the health care representative shall make a reasonable effort to transfer the principal to the care of another physician or health care provider; and
(d) If there is no health care representative for an incapable patient, and the health care decisions are not in dispute, the health care provider shall, without abandoning the patient, either discharge the patient or make a reasonable effort to locate a different physician or health care provider and authorize the transfer of the patient to that physician or health care provider. [Formerly 97.070; 1993 c.767 §20; 2018 c.36 §18]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.640 - Physician to determine that conditions met before withdrawing or withholding certain health care.

Before withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration under the provisions of ORS 127.540, 127.580 or 127.635, the attending physician or attending health care provider shall determine that the conditions of ORS 127.540, 127.580 and 127.635 have been met. [Formerly 97.084; 1993 c.767 §22; 2018 c.36 §20]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.642 - Principal to be provided with certain care to insure comfort and cleanliness.

Individuals caring for a principal from whom life-sustaining procedures or artificially administered nutrition and hydration are withheld or withdrawn shall provide care to insure comfort and cleanliness, including but not limited to the following:
(1) Oral and body hygiene.
(2) Reasonable efforts to offer food and fluids orally.
(3) Medication, positioning, warmth, appropriate lighting and other measures to relieve pain and suffering.
(4) Privacy and respect for the dignity and humanity of the principal. [1993 c.767 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.646 - Definitions for ORS 127.646 to 127.654.

As used in ORS 127.646 to 127.654:
(1) "Health care organization" means a home health agency, hospice program, hospital, long term care facility or health maintenance organization.
(2) "Health maintenance organization" has the meaning given that term in ORS 750.005, except that "health maintenance organization" includes only those organizations that participate in the federal Medicare or Medicaid programs.
(3) "Home health agency" has the meaning given that term in ORS 443.014.
(4) "Hospice program" has the meaning given that term in ORS 443.850.
(5) "Hospital" has the meaning given that term in ORS 442.015. "Hospital" does not include a special inpatient care facility.
(6) "Long term care facility" has the meaning given that term in ORS 442.015, except that "long term care facility" does not include an intermediate care facility for individuals with intellectual or developmental disabilities. [1991 c.761 §1; 2001 c.104 §38; 2009 c.595 §87; 2009 c.792 §30; 2017 c.707 §8]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.649 - Health care organizations required to have written policies and procedures on providing information on patient’s right to make health care decisions.

(1) Subject to the provisions of ORS 127.652 and 127.654, all health care organizations shall maintain written policies and procedures, applicable to each capable adult individual who receives health care by or through the health care organization, that provide for:
(a) Delivering to the individual the following information and materials, in written form, without recommendation:
(A) Information on the rights of the individual under the laws of this state to make health care decisions, including the right to accept or refuse medical or surgical treatment and the right to execute an advance directive or a form appointing a health care representative;
(B) Information on the policies of the health care organization with respect to the implementation of the rights of the individual under the laws of this state to make health care decisions;
(C) Materials necessary to execute an advance directive or a form appointing a health care representative; and
(D) The name of a person who can provide additional information concerning advance directives and forms appointing a health care representative.
(b) Documenting in a prominent place in the individual’s medical record whether the individual has executed an advance directive or a form appointing a health care representative.
(c) Ensuring compliance by the health care organization with the laws of this state governing advance directives and forms appointing a health care representative.
(d) Educating the staff and the community on issues relating to advance directives and forms appointing a health care representative.
(2) A health care organization does not need to deliver materials described in subsection (1)(a)(C) of this section if the health care organization has reason to believe that the individual has received materials described in subsection (1)(a)(C) of this section during the preceding 12-month period or has previously executed an advance directive or a form appointing a health care representative. [1991 c.761 §2; 1993 c.767 §26; 2018 c.36 §21]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Declarations for Mental Health Treatment; Death With Dignity › Section 127.652 - Time of providing information.

The written information described in ORS 127.649 (1) shall be provided:
(1) By hospitals, not later than five days after an individual is admitted as an inpatient, but in any event before discharge;
(2) By long term care facilities, not later than five days after an individual is admitted as a resident, but in any event before discharge;
(3) By a home health agency or a hospice program, not later than 15 days after the initial provision of care by the agency or program but in any event before ceasing to provide care; and
(4) By a health maintenance organization, not later than the time allowed under federal law. [1991 c.761 §3]