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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 Acts | Power 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 Attorney | Agent 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-State | Valid 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 Attorney | Physician 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 Physician | Health 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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