(a) A terminal condition;
(b) Permanently unconscious;
(c) A condition in which administration of life-sustaining procedures would not benefit the principal’s medical condition and would cause permanent and severe pain; or
(d) An advanced stage of a progressive illness that will be fatal, and the principal is consistently and permanently unable to communicate by any means, to swallow food and water safely, to care for the principal’s self and to recognize the principal’s family and other people, and it is very unlikely that the principal’s condition will substantially improve.
(2) If a principal’s condition has been determined to meet one of the conditions set forth in subsection (1) of this section, and the principal does not have an appointed health care representative or applicable valid advance directive, the principal’s health care representative shall be the first of the following, in the following order, who can be located upon reasonable effort by the health care facility and who is willing to serve as the health care representative:
(a) A guardian of the principal who is authorized to make health care decisions, if any;
(b) The principal’s spouse;
(c) An adult designated by the others listed in this subsection who can be so located, if no person listed in this subsection objects to the designation;
(d) A majority of the adult children of the principal who can be so located;
(e) Either parent of the principal;
(f) A majority of the adult siblings of the principal who can be located with reasonable effort; or
(g) Any adult relative or adult friend.
(3) If none of the persons described in subsection (2) of this section is available, then life-sustaining procedures may be withheld or withdrawn upon the direction and under the supervision of the attending physician or attending health care provider.
(4)(a) Life-sustaining procedures may be withheld or withdrawn, including an election for hospice treatment, upon the direction and under the supervision of the attending physician or attending health care provider at the request of a person designated the health care representative under subsections (2) and (3) of this section only after the person has consulted with concerned family and close friends and, if the principal has a case manager, as defined by rules adopted by the Department of Human Services, after giving notice to the principal’s case manager.
(b) A case manager who receives notice under paragraph (a) of this subsection shall provide the person giving the case manager notice with any information in the case manager’s possession that is related to the principal’s values, beliefs and preferences with respect to the withholding or withdrawing of life-sustaining procedures.
(c) As used in this subsection, "hospice treatment" means treatment that focuses on palliative care, including care for acute pain and symptom management, rather than curative treatment, provided to a principal with a terminal condition.
(5) Before life-sustaining procedures may be withheld or withdrawn for a principal who has an intellectual or developmental disability, the person designated under subsection (2) or (3) of this section shall contact the department to determine if the principal has a case manager and provide notice to the case manager in accordance with subsection (4) of this section.
(6) Notwithstanding subsection (2) of this section, a person who is the principal’s parent or former guardian may not withhold or withdraw life-sustaining procedures under this section if:
(a) At any time while the principal was under the care, custody or control of the person, a court entered an order:
(A) Taking the principal into protective custody under ORS 419B.150; or
(B) Committing the principal to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and
(b) The court entered a subsequent order that:
(A) The principal should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the principal to be returned to the person’s home, and no subsequent order of the court was entered that permitted the principal to return to the person’s home before the principal’s wardship was terminated under ORS 419B.328; or
(B) Terminated the person’s parental rights under ORS 419B.500 and 419B.502 to 419B.524.
(7) A principal, while not incapable, may petition the court to remove a prohibition contained in subsection (6) of this section. [Formerly 97.083; 1993 c.767 §21; 2011 c.194 §3; 2017 c.135 §1; 2018 c.36 §19; 2019 c.239 §1; 2020 s.s.1 c.20 §4]
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.