71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 579
 
                           A-Engrossed
 
                         House Bill 2368
                Ordered by the House February 13
          Including House Amendments dated February 13
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for the Elder Law section of the Oregon State Bar)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Authorizes   { - proceedings - }   { + single proceeding + }
for judicial
  { - review of - }   { + consideration of issues regarding + }
advance   { - directives to be consolidated at any time with
protective proceedings - }   { +  directive together with issues
regarding appointment of guardian or temporary guardian + } under
ORS chapter 125.
 
                        A BILL FOR AN ACT
Relating to judicial review of advance directives; amending ORS
  125.010 and 127.550.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 125.010 is amended to read:
  125.010. (1) Any person who is interested in the affairs or
welfare of a respondent may file a petition for the appointment
of a fiduciary or entry of other protective order.
  (2) A protective proceeding is commenced by the filing of a
petition in a court with jurisdiction over protective
proceedings.
  (3) The court may appoint any of the following fiduciaries in a
protective proceeding:
  (a) A guardian, with the powers and duties specified in this
chapter.
  (b) A conservator, with the powers and duties specified in this
chapter.
  (c) A temporary fiduciary, with the powers and duties specified
in this chapter.
  (d) Any other fiduciary necessary to implement a protective
order under ORS 125.650.
  (4) In addition to appointing a fiduciary, or in lieu of
appointing a fiduciary, the court may enter any other protective
order in a protective proceeding in the manner provided by ORS
125.650.
   { +  (5) The court may make a determination described in ORS
127.550 with regard to an advance directive in a protective
proceeding in which a guardian or temporary guardian has been
appointed for the principal, or in which the petition seeks the
appointment of a guardian or a temporary guardian for the
principal. + }
  SECTION 2. ORS 127.550 is amended to read:
  127.550. (1) A health care decision made by an individual who
is authorized to make the decision under ORS 127.505 to 127.660
and 127.995 is effective immediately and does not require
judicial approval.
  (2) A petition may be filed under ORS 127.505 to 127.660 and
127.995 for any one or more of the following purposes:
  (a) Determining whether a principal is incapable.
  (b) Determining whether an appointment of the health care
representative or a health care instruction is valid or has been
suspended, reinstated, revoked or terminated.
  (c) Determining whether the acts or proposed acts of the health
care representative breach any duty of the representative and
whether those acts should be enjoined.
  (d) Declaring that an individual is authorized to act as a
health care representative.
  (e) Disqualifying the health care representative upon a
determination of the court that the health care representative
has violated, failed to perform or is unable to perform the
duties under ORS 127.535 (4).
  (f) Approving any health care decision that by law requires
court approval.
  (g) Determining whether the acts or proposed acts of the health
care representative are clearly inconsistent with the desires of
the principal as made known to the health care representative, or
where the desires of the principal are unknown or unclear,
whether the acts or proposed acts of the health care
representative are clearly contrary to the best interests of the
principal.
  (h) Declaring that a power of attorney for health care is
revoked upon a determination by the court that the
attorney-in-fact has made a health care decision for the
principal that authorized anything illegal. A suspension or
revocation of a power of attorney under this paragraph shall be
in the discretion of the court.
  (i) Considering any other matter that the court determines
needs to be decided for the protection of the principal.
  (3) A petition may be filed by any of the following:
  (a) The principal.
  (b) The health care representative.
  (c) The spouse, parent, sibling or adult child of the
principal.
  (d) An adult relative or adult friend of the principal who is
familiar with the desires of the principal.
  (e) The guardian of the principal.
  (f) The conservator of the principal.
  (g) The attending physician or health care provider of the
principal.
  (4) A petition under this section shall be filed in the circuit
court in the county in which the principal resides or is located.
   { +  (5) Any of the determinations described in this section
may be made by the court as a part of a protective proceeding
under ORS chapter 125 if a guardian or temporary guardian has
been appointed for the principal, or if the petition seeks the
appointment of a guardian or a temporary guardian for the
principal. + }
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