Oregon Statutes - Chapter 127 - Powers of Attorney; Advance Directives for Health Care; Declarations for Mental Health Treatment; Death with Dignity - Section 127.712 - Scope of authority of attorney-in-fact; powers and duties; limitation on liability.

(1) The attorney-in-fact does not have authority to make mental health treatment decisions unless the principal is incapable.

(2) The attorney-in-fact is not, as a result of acting in that capacity, personally liable for the cost of treatment provided to the principal.

(3) Except to the extent the right is limited by the declaration or any federal law, an attorney-in-fact has the same right as the principal to receive information regarding the proposed mental health treatment and to receive, review and consent to disclosure of medical records relating to that treatment. This right of access does not waive any evidentiary privilege.

(4) In exercising authority under the declaration, the attorney-in-fact has a duty to act consistently with the desires of the principal as expressed in the declaration. If the principalís desires are not expressed in the declaration and not otherwise known by the attorney-in-fact, the attorney-in-fact has a duty to act in what the attorney-in-fact in good faith believes to be the best interests of the principal.

(5) An attorney-in-fact is not subject to criminal prosecution, civil liability or professional disciplinary action for any action taken in good faith pursuant to a declaration for mental health treatment. [1993 c.442 §6]

Section:  Previous  127.660  127.700  127.702  127.703  127.705  127.707  127.710  127.712  127.715  127.717  127.720  127.722  127.725  127.727  127.730  Next

Last modified: August 7, 2008