§ 127.727 — Persons prohibited from serving as attorney-in-fact

Oregon § 127.727

• Jurisdiction: Oregon
• Vol.: 3
• Title 13: Protective Proceedings; Powers of Attorney; Trusts
• Ch. 127: Powers of Attorney; Advance Directives for Health Care; Physician Orders for

Text

(1) None of the following may serve as attorney-in-fact:
(a) The attending physician or provider or an employee of the physician or provider, if the physician, provider or employee is unrelated to the principal by blood, marriage or adoption.
(b) An owner, operator or employee of a health care facility in which the principal is a patient or resident, if the owner, operator or employee is unrelated to the principal by blood, marriage or adoption.
(c) A person who is the principal’s parent, guardian or former guardian if:
(A) At any time while the principal was under the care, custody or control of the person, a court entered an order:
(i) Taking the principal into protective custody under ORS 419B.150; or
(ii) 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:
(i) 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
(ii) Terminated the person’s parental rights under ORS 419B.500 and 419B.502 to 419B.524.
(4) A principal, while not incapable, may petition the court to remove a prohibition contained in subsection (1)(c) of this section.

Legislative History

1993 c.442 §12; 2011 c.194 §4; 2014 c.45 §19