A power of attorney for health care means a power of attorney document that authorizes an adult person to make health care decisions for the principal when the principal is incapable
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Oregon law allows any competent adult to execute a Power of Attorney for health care. The health care agent has all the authority over the Principal’s health care that the principal would have if not incapable |
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According to Oregon law, an Advance directive means a document that contains a Health Care Instruction or a Power of Attorney for Health Care.
Power of Attorney for Health Care A Power of Attorney for health care means a power of attorney document that authorizes an adult person to make health care decisions for the principal when the principal is incapable.The power of attorney for health care is effective when it is signed, witnessed and accepted by your attorney in fact (Agent). The health care representative (Agent) has all the authority over the Principal’s health care that the principal would have if not incapable, subject to the limitations of the appointment. A health care representative who is known to the health care provider to be available to make health care decisions has priority over any person other than the principal to act for the principal in all health care decisions. A health care representative is not personally responsible for the cost of health care provided to the principal solely because the health care representative makes health care decisions for the principal. Except to the extent the right is limited by the appointment or any federal law, a health care representative for an incapable principal has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records and to consent to the disclosure of medical records. In making health care decisions, the health care representative has a duty to act consistently with the desires of the principal as expressed in the principal’s advance directive, or as otherwise made known by the principal to the health care representative at any time. If the principal’s desires are unknown, the health care representative has a duty to act in what the health care representative in good faith believes to be the best interests of the principal. Execution of a valid power of attorney for health care revokes any prior power of attorney for health care. Unless the health care instruction provides otherwise, execution of a valid health care instruction revokes any prior health care instruction. A health care decision made by an individual who is authorized to make the decision under ORS 127.505 to 127.660 and 127.995 is effective immediately and does not require judicial approval. Limitations on Power of Attorney-in-Fact: Oregon law does not authorize an appointed health care representative to make a health care decision with respect to any of the following on behalf of the principal:
Unless the health care instruction provides otherwise, execution of a valid health care instruction revokes any prior health care instruction. Unless the power of attorney for health care provides otherwise, valid appointment of an attorney-in-fact for health care supersedes:
Any reinstatement of an advance directive must be in writing. [1989 c.914 §9; 1993 c.571 §26a; 1993 c.767 §12] If there is anything about Oregon Power of Attorney for Health Care that you do not understand, you should ask a lawyer to explain it to you. |
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