Title 127 · ORS Chapter 127

may be executed by an Oregon resident or by a resident of any other

Citation: ORS 127.527

Section: 127.527

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]

�� 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]

�� 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)

�� 127.527 Form for appointing health care representative. A form for appointing a health care representative and an alternate health care representative must be written in substantially the following form:

______________________________________________________________________________

FORM FOR APPOINTING

HEALTH CARE REPRESENTATIVE AND

ALTERNATE HEALTH CARE

REPRESENTATIVE

�� This form may be used in Oregon to choose a person to make health care decisions for you if you become too sick to speak for yourself. The person is called a health care representative.

�� If you have completed a form appointing a health care representative in the past, this new form will replace any older form.

�� You must sign this form for it to be effective. You must also have it witnessed by two witnesses or a notary. Your appointment of a health care representative is not effective until the health care representative accepts the appointment.

�� If you become too sick to speak for yourself and do not have an effective health care representative appointment, a health care representative will be appointed for you in the order of priority set forth in ORS 127.635 (2).

�� 1. ABOUT ME.

�� Name: _______________

�� Date of Birth: _________

�� Telephone numbers: (Home) _____

�� (Work) _____ (Cell) _____

�� Address: __________________

�� E-mail: _______________

�� 2. MY HEALTH CARE REPRESENTATIVE.

�� I choose the following person as my health care representative to make health care decisions for me if I can�t speak for myself.

�� Name: _______________

�� Relationship: _________

�� Telephone numbers: (Home) _____

�� (Work) _____ (Cell) _____

�� Address: __________________

�� E-mail: _______________

�� I choose the following people to be my alternate health care representatives if my first choice is not available to make health care decisions for me or if I cancel the first health care representative�s appointment.

�� First alternate health care representative:

�� Name: _______________

�� Relationship: _________

�� Telephone numbers: (Home) _____

�� (Work) _____ (Cell) _____

�� Address: __________________

�� E-mail: _______________

�� Second alternate health care representative:

�� Name: _______________

�� Relationship: _________

�� Telephone numbers: (Home) _____

�� (Work) _____ (Cell) _____

�� Address: __________________

�� E-mail: _______________

�� 3. MY SIGNATURE.

�� My signature: _______________

�� Date: _________

�� 4. WITNESS.

�� COMPLETE EITHER A OR B WHEN YOU SIGN.

�� A. NOTARY:

�� State of ____________

�� County of ____________

�� Signed or attested before me on _____,

�� 2___, by _______________.

�� ________________________

�� Notary Public - State of Oregon

�� B. WITNESS DECLARATION:

�� The person completing this form is personally known to me or has provided proof of identity, has signed or acknowledged the person�s signature on the document in my presence and appears to be not under duress and to understand the purpose and effect of this form. In addition, I am not the person�s health care representative or alternate health care representative, and I am not the person�s attending health care provider.

�� Witness Name (print): ________

�� Signature: _______________

�� Date: _______________

�� Witness Name (print): ________

�� Signature: _______________

�� Date: _______________

�� 5. ACCEPTANCE BY MY HEALTH CARE REPRESENTATIVE.

�� I accept this appointment and agree to serve as health care representative.

�� Health care representative:

�� Printed name: _______________

�� Signature or other verification of acceptance: _______________

�� Date: _________

�� First alternate health care representative:

�� Printed name: _______________

�� Signature or other verification of acceptance: _______________

�� Date: _________

�� Second alternate health care representative:

�� Printed name: _______________

�� Signature or other verification of acceptance: _______________

�� Date: _________

______________________________________________________________________________ [2018 c.36 �5]

�� 127.529 Form of advance directive. An advance directive executed by an Oregon resident or by a resident of any other state while physically present in this state must be in substantially the following form:

______________________________________________________________________________

OREGON ADVANCE DIRECTIVE

FOR HEALTH CARE

�� This Advance Directive form allows you to:

�� Share your values, beliefs, goals and wishes for health care if you are not able to express them yourself.

�� Name a person to make your health care decisions if you could not make them for yourself. This person is called your health care representative and they must agree to act in this role.

�� Be sure to discuss your Advance Directive and your wishes with your health care representative. This will allow them to make decisions that reflect your wishes. It is recommended that you complete this entire form.

�� The Oregon Advance Directive for Health Care form and Your Guide to the Oregon Advance Directive are available on the Oregon Health Authority�s website.

�� In sections 1, 2, 5, 6 and 7 you appoint a health care representative.

�� In sections 3 and 4 you provide instructions about your care.

�� The Advance Directive form allows you to express your preferences for health care. It is not the same as Portable Orders for Life Sustaining Treatment (POLST) as defined in ORS 127.663. You can find more information about the POLST in Your Guide to the Oregon Advance Directive.

�� This form may be used in Oregon to choose a person to make health care decisions for you if you become too sick to speak for yourself or are unable to make your own medical decisions. The person is called a health care representative. If you do not have an effective health care representative appointment and you become too sick to speak for yourself, a health care representative will be appointed for you in the order of priority set forth in ORS 127.635 (2) and this person can only decide to withhold or withdraw life sustaining treatments if you meet one of the conditions set forth in ORS 127.635 (1).

�� This form also allows you to express your values and beliefs with respect to health care decisions and your preferences for health care.

�� If you have completed an advance directive in the past, this new advance directive will replace any older directive.

�� If your advance directive includes directions regarding the withdrawal of life support or tube feeding, you may revoke your advance directive at any time and in any manner that expresses your desire to revoke it.

�� In all other cases, you may revoke your advance directive at any time and in any manner as long as you are capable of making medical decisions.

�� 1. ABOUT ME

�� Name: _______________

�� Date of Birth: _________

�� Telephone numbers: (Home) _____

�� (Work) _____ (Cell) _____

�� Address: __________________

�� E-mail: _______________

�� 2. MY HEALTH CARE REPRESENTATIVE

�� I choose the following person as my health care representative to make health care decisions for me if I can�t speak for myself.

�� Name: _______________

�� Relationship: _________

�� Telephone numbers: (Home) _____

�� (Work) _____ (Cell) _____

�� Address: __________________

�� E-mail: _______________

�� First alternate health care representative:

�� Name: _______________

�� Relationship: _________

�� Telephone numbers: (Home) _____

�� (Work) _____ (Cell) _____

�� Address: __________________

�� E-mail: _______________

�� Second alternate health care representative:

�� Name: _______________

�� Relationship: _________

�� Telephone numbers: (Home) _____

�� (Work) _____ (Cell) _____

�� Address: __________________

�� E-mail: _______________

�� 3. MY HEALTH CARE INSTRUCTIONS

�� This section is the place for you to express your wishes, values and goals for care. Your instructions provide guidance for your health care representative and health care providers.

�� You can provide guidance on your care with the choices you make below. This is the case even if you do not choose a health care representative or if they cannot be reached.

�� A. MY HEALTH CARE DECISIONS:

�� There are three situations below for you to express your wishes. They will help you think about the kinds of life support decisions your health care representative could face. For each, choose the one option that most closely fits your wishes.

�� a. Terminal Condition

�� This is what I want if:

�� I have an illness that cannot be cured or reversed.

�� AND

�� My health care providers believe it will result in my death within six months, regardless of any treatments.

�� Initial one option only.

�� ___ I want to try all available treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis and breathing machines.

�� ___ I want to try to sustain my life with artificial feeding and hydration with feeding tubes and IV fluids. I do not want other treatments to sustain my life, such as kidney dialysis and breathing machines.

�� ___ I do not want treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis or breathing machines. I want to be kept comfortable and be allowed to die naturally.

�� ___ I want my health care representative to decide for me, after talking with my health care providers and taking into account the things that matter to me. I have expressed what matters to me in section B below.

�� b. Advanced Progressive Illness

�� This is what I want if:

�� I have an illness that is in an advanced stage.

�� AND

�� My health care providers believe it will not improve and will very likely get worse over time and result in death.

�� AND

�� My health care providers believe I will never be able to:

�� - Communicate

�� - Swallow food and water safely

�� - Care for myself

�� - Recognize my family and other people

�� Initial one option only.

�� ___ I want to try all available treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis and breathing machines.

�� ___ I do not want treatments to sustain my life, such as artificial feeding an hydration with feeding tubes, IV fluids, kidney dialysis or breathing machines. I want to be kept comfortable and be allowed to die naturally.

�� c. Permanently Unconscious

�� This is what I want if:

�� I am not conscious.

�� AND

�� If my health care providers believe it is very unlikely that I will ever become conscious again.

�� Initial one option only.

�� ___ I want to try all available treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis and breathing machines.

�� You may write in the space below or attach pages to say more about what kind of care you want or do not want.

______________________________________________________________________________

�� B. WHAT MATTERS MOST TO ME AND FOR ME:

�� This section only applies when you are in a terminal condition, have an advanced progressive illness or are permanently unconscious. If you wish to use this section, you can communicate the things that are really important to you and for you. This will help your health care representative.

�� This is what you should know about what is important to me about my life:

______________________________________________________________________________

�� This is what I value the most about my life:

______________________________________________________________________________

�� This is what is important for me about my life:

______________________________________________________________________________

�� I do not want life-sustaining procedures if I can not be supported and be able to engage in the following ways:

�� Initial all that apply.

�� ___ Express my needs.

�� ___ Be free from long-term severe pain and suffering.

�� ___ Know who I am and who I am with.

�� ___ Live without being hooked up to mechanical life support.

�� ___ Participate in activities that have meaning to me, such as:

______________________________________________________________________________

�� If you want to say more to help your health care representative understand what matters most to you, write it here. (For example: I do not want care if it will result in....)

______________________________________________________________________________

�� C. MY SPIRITUAL BELIEFS

�� Do you have spiritual or religious beliefs you want your health care representative and those taking care of you to know? They can be rituals, sacraments, denying blood product transfusions and more.

�� You may write in the space below or attach pages to say more about your spiritual or religious beliefs.

______________________________________________________________________________

�� 4. MORE INFORMATION

�� Use this section if you want your health care representative and health care providers to have more information about you.

�� A. LIFE AND VALUES

�� Below you can share about your life and values. This can help your health care representative and health care providers make decisions about your health care. This might include family history, experiences with health care, cultural background, career, social support system and more.

�� You may write in the space below or attach pages to say more about your life, beliefs and values.

______________________________________________________________________________

�� B. PLACE OF CARE:

�� If there is a choice about where you receive care, what do you prefer? Are there places you want or do not want to receive care? (For example, a hospital, a nursing home, a mental health facility, an adult foster home, assisted living, your home.)

�� You may write in the space below or attach pages to say more about where you prefer to receive care or not receive care.

______________________________________________________________________________

�� C. OTHER:

�� You may attach to this form other documents you think will be helpful to your health care representative and health care providers. What you attach will be part of your Advance Directive.

�� You may list documents you have attached in the space below.

______________________________________________________________________________

�� D. INFORM OTHERS:

�� You can allow your health care representative to authorize your health care providers to the extent permitted by state and federal privacy laws to discuss your health status and care with the people you write in below. Only your health care representative can make decisions about your care.

�� Name: _______________

�� Relationship: _________

�� Telephone numbers: (Home) _____

�� (Work) _____ (Cell) _____

�� Address: __________________

�� E-mail: _______________

�� 5. MY SIGNATURE

�� My signature: _______________

�� Date: _________

�� 6. WITNESS

�� COMPLETE EITHER A OR B WHEN YOU SIGN

�� A. NOTARY:

�� State of ____________

�� County of ____________

�� Signed or attested before me on _____,

�� 2___, by _______________.

�� ________________________

�� Notary Public - State of Oregon

�� B. WITNESS DECLARATION:

�� The person completing this form is personally known to me or has provided proof of identity, has signed or acknowledged the person�s signature on the document in my presence and appears to be not under duress and to understand the purpose and effect of this form. In addition, I am not the person�s health care representative or alternative health care representative, and I am not the person�s attending health care provider.

�� Witness Name (print): ________

�� Signature: _______________

�� Date: _______________

�� Witness Name (print): ________

�� Signature: _______________

�� Date: _______________

�� 7. ACCEPTANCE BY MY HEALTH CARE REPRESENTATIVE

�� I accept this appointment and agree to serve as health care representative.

�� Health care representative:

�� Printed name: _______________

�� Signature or other verification of acceptance:

�� _______________

�� Date: _________

�� First alternate health care representative:

�� Printed name: _______________

�� Signature or other verification of acceptance:

�� _______________

�� Date: _________

�� Second alternate health care representative:

�� Printed name: _______________

�� Signature or other verification of acceptance:

�� _______________

�� Date: _________

______________________________________________________________________________ [2021 c.328 �2]

�� 127.530 [1989 c.914 �6; repealed by 1993 c.767 �7 (127.531 enacted in lieu of 127.530)]

�� 127.531 [1993 c.767 �8 (enacted in lieu of