An Oregon (OR) Medical Power of Attorney (MPOA) lets you assign an agent to make medical decisions for you in the event that you become incapacitated and can’t make those decisions yourself.
An Oregon Medical Power of Attorney might also be called:
- Oregon Appointment of Health Care Representative
- Oregon Health Care Power of Attorney
Laws: Oregon Revised Statutes, Chapter 127, Sections 127.505-127.660 govern the creation of medical powers of attorney in Oregon.
If you’re completing a medical power of attorney, consider adding these two documents to your estate planning process:
- Living Will: A living will lets you document your end-of-life wishes for your caregivers, medical professionals, and your MPOA agent to follow in an emergency. Living wills and medical powers of attor(ney are both advance directives.
- Oregon (Financial) Power of Attorney: A financial power of attorney lets you name someone to handle your financial affairs, such as managing your bank accounts, paying your bills, and other financial matters, if you become incapacitated.
How to Fill in a Medical Power of Attorney in Oregon
Use these guidelines to complete an Oregon Medical Power of Attorney as indicated by Oregon Revised Statutes, section 127.505-127.660:
Step 1: Choose an Agent
Your agent, also called your health care representative, is responsible for your medical decisions if you can’t communicate.
Who should you choose as an agent?
Your agent should be someone you trust to carry out your health care wishes. It’s important to talk to your agent about your beliefs and intentions regarding medical treatment in case they have to make a decision for you that’s not specifically addressed in your MPOA document.
Relevant Law: ORS §127.505
Who can’t be your agent?
Your agent can’t be:
- Someone under the age of 18 (unless they’re an emancipated or married minor)
- Your attending physician or health care provider
- An employee of your health care provider (unless they’re related to you by blood, adoption, or marriage)
- A health care representative whose authority has been revoked
A parent or former guardian may also be disqualified from serving as your agent if you were removed from their care in one of the situations outlined in ORS §127.520.
Relevant Law: ORS §127.520
Can you have more than one agent?
Yes, you can include one or more alternate agents in your form in case your first choice is unable or unwilling to fulfill their duties as your health care representative.
Relevant Law: ORS §127.510
Step 2: Specify what healthcare decisions your agent can make
In this section, you can decide what decisions you want your agent to make when it comes to treatment, medical records, and some post-death decisions.
Can you limit your agent’s powers?
Yes, you can include any limits on your agent’s powers by leaving instructions in your medical POA document.
If you don’t limit your agent’s power, they have the right to make most medical decisions you would normally make for yourself while you’re incapacitated, including:
- Accessing your medical records and disclosing them to others
- Deciding on medical treatments and procedures
- Authorizing organ donation
Relevant Law: ORS §127.535
What is your agent legally unable to do?
Your agent can’t authorize any of the following under Oregon law:
- Convulsive treatment
- Sterilization
- Psychosurgery
- Abortion
Unless you specifically authorize it in your MPOA document, your agent can’t withdraw or withhold artificial nutrition or hydration except under the conditions laid out in ORS 127.580.
Your agent also can’t withdraw or withhold life support unless you give them explicit permission in your MPOA document or a doctor determines that one of the following applies to your situation:
- You have a terminal condition
- You’re permanently unconscious
- Life support wouldn’t benefit your medical condition and would cause permanent and severe pain
- You have a progressive, debilitating illness that is fatal in its advanced stages, and there is no chance that your condition will improve. You’re permanently unable to communicate, eat or drink safely, care for yourself, or recognize your family
Relevant Law: ORS §127.540 and ORS §127.580
When can your agent start making decisions for you?
The document is effective immediately once signed, but your agent can’t make decisions for you unless you’re incapacitated.
Relevant Law: ORS §127.535
Step 3: Sign the form
Take the following steps to make sure your medical power of attorney is completed according to Oregon law.
Do you need a witness or notary signature?
Your medical power of attorney needs to be signed by either two witnesses or a notary public to be legally binding in Oregon. If you don’t sign in front of your witnesses/notary, you must acknowledge your signature is valid in their presence.
If you reside in a long-term care facility at the time when you create your MPOA document, one of your witnesses must be designated by the facility (this doesn’t apply if you have the MPOA document notarized).
Relevant Law: ORS §127.515
Who can’t be a witness?
Your witnesses can’t be:
- Your doctor or health care provider
- Your agent (health care representative) or alternate agent
Relevant Law: ORS §127.515
How long is your Oregon medical power of attorney effective?
If you wish, you can include a timeframe for how long your medical power of attorney is effective. Otherwise, it will remain effective indefinitely, or until you revoke it.
Relevant Law: ORS §127.505
How to Revoke an Oregon Medical Power of Attorney
You can revoke your medical power of attorney at any time while you’re still capable of making healthcare decisions for yourself. Your MPOA will be considered revoked after you take any of the following actions:
- Notify your doctor, health care provider, or agent that you want to revoke
- Create a written revocation of power of attorney form
- Create a new medical power of attorney with different conditions
If your spouse is your agent, getting a divorce or annulling your marriage will suspend your MPOA.
Even if you’re incapacitated, you can revoke your medical POA by any means of communication if the decision at hand involves withholding or withdrawing life-sustaining treatment or artificial nutrition/hydration.
Relevant Law: ORS §127.515