Power of Attorney and Health Care – General – Oregon

Definitions

An “attorney-in-fact” is an adult validly appointed to make mental health treatment decisions for a principal under a declaration for mental health treatment and also means an alternative attorney-in-fact.

A “declaration” is a document making a declaration of preferences or instructions regarding mental health treatment.

“Mental health treatment” is convulsive treatment, treatment of mental illness with psychoactive medication, admission to and retention in a health care facility for a period not to exceed 17 days for care or treatment of mental illness, and outpatient services.

A “representative” is an “attorney-in-fact.”

Who May Make a Declaration

An adult of sound mind may make a declaration of preferences or instructions regarding mental health treatment. The preferences or instructions may include consent to or refusal of mental health treatment.

Period of Validity

A declaration for mental health treatment continues in effect for a period of three years or until revoked.

The authority of a named attorney-in-fact and any alternative attorney-in-fact named in the declaration continues in effect as long as the declaration appointing the attorney-in-fact is in effect or until the attorney-in-fact has withdrawn.

If a declaration for mental health treatment has been invoked and is in effect at the expiration of three years after its execution, the declaration remains effective until the principal is no longer incapable.

Designation of Attorney-in-Fact

A declaration may designate a competent adult to act as attorney-in-fact to make decisions about mental health treatment.

An alternative attorney-in-fact may also be designated to act as attorney-in-fact if the original designee is unable or unwilling to act at any time.

An attorney-in-fact who has accepted the appointment in writing may make decisions about mental health treatment on behalf of the principal only when the principal is incapable. The decisions must be consistent with any desires the principal has expressed in the declaration.

Execution and Witnesses

A declaration is effective only if it is signed by the principal and two competent adult witnesses.

The witnesses must attest that the principal is known to them, signed the declaration in their presence and appears to be of sound mind and not under duress, fraud or undue influence.

The following may not act as witnesses:

The attending physician or mental health service provider or a relative of the physician or provider;

An owner, operator or relative of an owner or operator of a health care facility in which the principal is a patient or resident; or

A person related to the principal by blood, marriage or adoption. [1993 c.442 s.13]

Scope of Authority

An attorney-in-fact does not have authority to make mental health treatment decisions unless the principal is incapable.

Revocation

A declaration may be revoked in whole or in part at any time by the principal if the principal is not incapable.

A revocation is effective when a capable principal communicates the revocation to the attending physician or other provider.

The attending physician or other provider must note the revocation as part of the principal’s medical record.

Form

A declaration for mental health treatment must be in substantially the statutory form.

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