(2) The attorney-in-fact is not, as a result of acting in that capacity, personally liable for the cost of treatment provided to the principal.
(3) Except to the extent the right is limited by the declaration or any federal law, an attorney-in-fact has the same right as the principal to receive information regarding the proposed mental health treatment and to receive, review and consent to disclosure of medical records relating to that treatment. This right of access does not waive any evidentiary privilege.
(4) In exercising authority under the declaration, the attorney-in-fact has a duty to act consistently with the desires of the principal as expressed in the declaration. If the principal’s desires are not expressed in the declaration and not otherwise known by the attorney-in-fact, the attorney-in-fact has a duty to act in what the attorney-in-fact in good faith believes to be the best interests of the principal.
(5) An attorney-in-fact is not subject to criminal prosecution, civil liability or professional disciplinary action for any action taken in good faith pursuant to a declaration for mental health treatment. [1993 c.442 §6]
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.