Oregon Statutes 127.727 – Persons prohibited from serving as attorney-in-fact
(1) None of the following may serve as attorney-in-fact:
Terms Used In Oregon Statutes 127.727
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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. [1993 c.442 § 12; 2011 c.194 § 4; 2014 c.45 § 19]
[1993 c.442 § 13; 2014 c.45 § 20; repealed by 2023 c.11 § 5]
See note under 127.700.