ORS § 127.515

Current through legislation effective June 3, 2022
Section 127.515 - Manner of executing advance directive; forms; witnesses; directives executed out of state
(1) An advance directive form set forth in section 2 of this 2021 Act or a form appointing a health care representative set forth in ORS 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.

ORS 127.515

Amended by 2021 Ch. 328,§ 6, eff. 9/25/2021.
Amended by 2018 Ch. 36,§ 8, eff. 91 days after sine die, op. 1/1/2019.
1989 c.914 §3; 1993 c.767 §4