(2) A petition may be filed under ORS 127.505 to 127.660 for one or more of the following purposes:
(a) Determining whether a principal is incapable.
(b) Determining whether an appointment of a health care representative or the execution of an advance directive is valid or has been suspended, reinstated, revoked or terminated.
(c) Determining whether the acts or proposed acts of a health care representative breach any duty of the health care representative and whether those acts should be enjoined.
(d) Declaring that a person is authorized to act as a health care representative.
(e) Disqualifying a health care representative upon a determination of the court that the health care representative has violated, has failed to perform or is unable to perform the duties under ORS 127.535 (4).
(f) Approving any health care decision that by law requires court approval.
(g) Determining whether the acts or proposed acts of a health care representative are clearly inconsistent with the preferences of the principal as made known to the health care representative, or where the preferences of the principal are unknown or unclear, whether the acts or proposed acts of the health care representative are clearly contrary to the best interests of the principal.
(h) Declaring that a form appointing a health care representative is suspended or revoked upon a determination by the court that the appointed health care representative has made a health care decision for the principal that authorized anything illegal. A suspension or revocation of a form appointing a health care representative under this paragraph shall be in the discretion of the court.
(i) Considering any other matter that the court determines needs to be decided for the protection of the principal.
(3) A petition may be filed by any of the following:
(a) The principal.
(b) A health care representative.
(c) The spouse, parent, sibling or adult child of the principal.
(d) An adult relative or adult friend of the principal who is familiar with the desires of the principal.
(e) The guardian of the principal.
(f) The conservator of the principal.
(g) The attending physician or attending health care provider of the principal.
(4) A petition under this section shall be filed in the circuit court in the county in which the principal resides or is located.
(5) A determination described in this section may be made by the court as a part of a protective proceeding under ORS chapter 125 if a guardian or temporary guardian has been appointed for the principal, or if the petition seeks the appointment of a guardian or a temporary guardian for the principal. [1989 c.914 §9a; 1993 c.767 §13; 2001 c.396 §2; 2018 c.36 §15]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Section 127.002 - Definitions for ORS 127.005 to 127.045.
Section 127.005 - When power of attorney in effect; accounting to conservator.
Section 127.505 - Definitions for ORS 127.505 to 127.660.
Section 127.515 - Execution; witnesses; out-of-state execution.
Section 127.525 - Acceptance of appointment; withdrawal.
Section 127.527 - Form for appointing health care representative.
Section 127.529 - Form of advance directive.
Section 127.532 - Appointment; term of office; rules.
Section 127.533 - Duties; advance directive elements; reports.
Section 127.535 - Authority of health care representative; duties; objection by principal.
Section 127.540 - Limitations on authority of health care representative.
Section 127.570 - Mercy killing; suicide.
Section 127.642 - Principal to be provided with certain care to insure comfort and cleanliness.
Section 127.646 - Definitions for ORS 127.646 to 127.654.
Section 127.652 - Time of providing information.
Section 127.654 - Scope of requirement; limitation on liability for failure to comply.
Section 127.658 - Effect of ORS 127.505 to 127.660 on previously executed advance directives.
Section 127.660 - Short title.
Section 127.663 - Definitions for ORS 127.663 to 127.684.
Section 127.666 - Establishment of registry; rules.
Section 127.669 - Oregon Health Authority not required to perform certain acts.
Section 127.700 - Definitions for ORS 127.700 to 127.737.
Section 127.702 - Persons who may make declaration for mental health treatment; period of validity.
Section 127.720 - Circumstances in which physician or provider may disregard declaration.
Section 127.722 - Revocation of declaration.
Section 127.727 - Persons prohibited from serving as attorney-in-fact.
Section 127.730 - Persons prohibited from serving as witnesses to declaration.
Section 127.732 - Withdrawal of attorney-in-fact; rescission of withdrawal.
Section 127.736 - Form of declaration.
Section 127.737 - Certain other laws applicable to declaration.
Section 127.760 - Consent to health care services by person appointed by hospital; exceptions.
Section 127.800 - sect;1.01. Definitions.
Section 127.805 - sect;2.01. Who may initiate a written request for medication.
Section 127.810 - sect;2.02. Form of the written request.
Section 127.815 - sect;3.01. Attending physician responsibilities.
Section 127.840 - sect;3.06. Written and oral requests.
Section 127.850 - sect;3.08. Waiting periods.
Section 127.855 - sect;3.09. Medical record documentation requirements.
Section 127.860 - sect;3.10. Residency requirement.
Section 127.865 - sect;3.11. Reporting requirements.
Section 127.870 - sect;3.12. Effect on construction of wills, contracts and statutes.
Section 127.890 - sect;4.02. Liabilities.