The Oregon medical power of attorney, or healthcare power of attorney, is a legal document that gives your agent or the attorney-in-fact the authority to represent you and make healthcare decisions on your behalf.
The party issuing the medical power of attorney is called the principal. If the principal is in unstable health and wishes to designate someone to act on their behalf in the event that they are unable to make decisions about their own medical care, they can issue a medical power of attorney.
This can happen if the principal loses their legal capacity or becomes, in some way, unable to notify the healthcare practitioner about their healthcare preferences.
Laws and Legal Requirements for a Medical Power of Attorney in Oregon
Laws and Legal Requirements
Chapter 127, Sections 127.505 to 127.660 of the Oregon Revised Statutes regulate the status of the Oregon medical power of attorney.
The principal must sign the medical power of attorney in front of at least two witnesses or a notary public, according to Section 127.515.
Section 127.545 provides that the principal can revoke the medical power of attorney at any time if the principal has the legal capacity. The principal can revoke the medical POA even if they don’t have the legal capacity if the document involves the decision to withhold or withdraw life-sustaining procedures or artificially administered nutrition and hydration.
How to Write a Medical Power of Attorney in Oregon
In Oregon, the easiest way to issue a medical power of attorney is by following the steps below:
How to Write a Medical Power of Attorney
#1. Access the Medical Power of Attorney Form
Here, you will find the Oregon medical power of attorney template. You should simply fill out the template according to the instructions provided by our legal document builder.
The builder will guide you through each step of the process by providing you with instructions on how to fill out each field in the document.
First, you need to include the principal's complete name, mailing address, and phone number, along with the date the medical power of attorney was issued.
#2. Appoint a Healthcare Representative
This is your agent or attorney-in-fact. In this section, you will provide their full name, mailing address, and contact details. This should be an adult with the legal capacity to act.
When choosing a healthcare representative, you should choose someone you can trust, considering that they will be able to make important decisions about your healthcare. You can appoint your spouse, a friend, a relative, or another person you can trust.
Here, you can specify the rights and restrictions associated with a medical power of attorney as well as the extent of your agent's power.
#3. Identify an Alternative Healthcare Representative
An alternative healthcare representative is a person who will act and make decisions about your healthcare only if the primary healthcare representative loses legal capacity or, in some other way, becomes unable to represent you.
The alternative healthcare representative is also referred to as the secondary agent or secondary attorney-in-fact.
The alternative healthcare representative should fulfill the same requirements as the primary one. You can name one or more people as your alternative healthcare representatives.
#4. Identify the Witnesses and Have Them Sign the Form
After you have finalized the medical power of attorney form, you must sign it before at least two witnesses.
The witness must be an adult with the legal capacity to act and cannot be:
The principal's attending physician or attending healthcare provider
The principal's health care representative or alternative health care representative
#5. Notarize the Form
You can have the notary public acknowledge the document in place of providing witness signatures. They will identify the principal and confirm that they have personally signed the document. This will provide additional authenticity for the medical POA and prevent any misunderstandings or fraudulent activities.