This bill removes vital protections in the advance directive legislation when an advance directive is missing, established Advance Directive Adoption Committee to recommend changes every 2 years.
Personal Choice and Responsibility
In the current advance directive, in order to make a life-ending decision for an incapable person, a health care representative must be expressly given the legal authority by the patient, except in limited circumstances (ORS 127.540). SB 494 removes the advance directive from statute and makes other changes that would eliminate this explicit limit on the authority of the health care representative.
The change from Power of Attorney to Health Care Representative allows the representative to make decisions contrary to the advance directive in their belief of being in the best interest without legal attorney responsibility.