Oregon Statutes - Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Declarations for Mental Health Treatment; Death with Dignity - Section 127.510 - Designation of attorney-in-fact; execution of health care instruction; duration.

(1) A capable adult may designate in writing a competent adult to serve as attorney-in-fact for health care. A capable adult may also designate a competent adult to serve as alternative attorney-in-fact if the original designee is unavailable, unable or unwilling to serve as attorney-in-fact at any time after the power of attorney for health care is executed. The power of attorney for health care is effective when it is signed, witnessed and accepted as required by ORS 127.505 to 127.660 and 127.995. The attorney-in-fact so appointed shall make health care decisions on behalf of the principal if the principal becomes incapable.

(2) A capable adult may execute a health care instruction. The instruction shall be effective when it is signed and witnessed as required by ORS 127.505 to 127.660 and 127.995.

(3) Unless the period of time that an advance directive is to be effective is limited by the terms of the advance directive, the advance directive shall continue in effect until:

(a) The principal dies; or

(b) The advance directive is revoked, suspended or superseded pursuant to ORS 127.545.

(4) Notwithstanding subsection (3) of this section, if the principal is incapable at the expiration of the term of the advance directive, the advance directive continues in effect until:

(a) The principal is no longer incapable;

(b) The principal dies; or

(c) The advance directive is revoked, suspended or superseded pursuant to the provisions of ORS 127.545.

(5) A health care provider shall make a copy of an advance directive and any other instrument a part of the principalís medical record when a copy of that instrument is provided to the principalís health care provider.

(6) Notwithstanding subsections (3) and (4) of this section, an anatomical gift, as defined in ORS 97.953, made on an advance directive is effective. [1989 c.914 §2; 1993 c.767 §3; 1995 c.717 §13; 2007 c.681 §28]

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Last modified: August 7, 2008