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Oregon Durable Power of Attorney Laws

Explanation of Chart and More Information on Durable Power of Attorney Laws

Code Section 127.505 et seq. Advanced Directives for Health Care & 127.800 Death With Dignity Act
Specific Powers, Life-Prolonging ActsPower to make health care decisions for principal regarding life-sustaining procedures including any medical procedure or intervention that uses mechanical or other artificial means to sustain, restore, or supplant a vital function only when authorized or when principal is terminally ill and such treatment only serves to artificially prolong the moment of death; does not include procedures to sustain patient cleanliness and comfort
Legal Requirements for Durable Power of Attorney(1) In writing; (2) signed by two witnesses who make written declarations; (3) mandatory statutory form §127.531 ORS; (4) agent must accept appointment
Revocation of Durable Power of AttorneyAgent may withdraw up to time of principal's incapacity. Principal may revoke (1) in any manner by which s/he is able to communicate to health care provider or attorney-in-fact intent to revoke; (2) by execution of subsequent durable power of attorney; (3) upon divorce if spouse is agent
Validity from State-to-StateValid execution in compliance with formalities of that state where principal is resident or is located or with state of Oregon
If Physician Unwilling to Follow Durable Power of AttorneyPhysician must promptly notify health care representative if unable or unwilling to comply with durable power of attorney and representative shall make a reasonable effort to transfer the principal to a complying physician
Immunity for Attending PhysicianHealth care provider acting on a durable power of attorney or health care agent in good faith is not liable for criminal, civil, or professional disciplinary actions

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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