Oregon · Through 2025 Edition

ORS 127.707: Execution of declaration; witnesses.

(1) A declaration is effective only if it is signed by the principal and:
      (a) Signed by two competent adult witnesses; or
      (b) Notarized by a notary public.
      (2) If a declaration is validated under subsection (1)(a) of this section, each witness must:
      (a) Witness the principal signing the declaration or acknowledging the signature of the principal on the declaration.
      (b) Attest that the principal:
      (A) Is known to the witness;
      (B) Signed or acknowledged the declaration in the presence of the witness; and
      (C) Appeared to be of sound mind and not under duress, fraud or undue influence.
      (3) None of the following may serve as a witness to the signing or acknowledgment of a declaration:
      (a) The principal’s attending physician, provider or health care provider or a relative of the principal’s attending physician, provider or health care provider;
      (b) An owner, operator or relative of an owner or operator of a health care facility in which the principal is a patient or resident;
      (c) A person related to the principal by blood, marriage or adoption; or
      (d) A person appointed as attorney-in-fact or alternative attorney-in-fact by the declaration.

Where this section sits in the code

03 - Landlord-Tenant, Domestic Relations, Probate
13. Protective Proceedings; Powers of Attorney; Trusts
Chapter 127 — Powers of Attorney; Advance Directives for Health Care; Physician Orders for Life-Sustaining Treatment Registry; Nonopioid Directives; Declarations for Mental Health Treatment; Death With Dignity

(1) A declaration is effective only if it is signed by the principal and:

(a) Signed by two competent adult witnesses; or

(b) Notarized by a notary public.

(2) If a declaration is validated under subsection (1)(a) of this section, each witness must:

(a) Witness the principal signing the declaration or acknowledging the signature of the principal on the declaration.

(b) Attest that the principal:

(A) Is known to the witness;

(B) Signed or acknowledged the declaration in the presence of the witness; and

(3) None of the following may serve as a witness to the signing or acknowledgment of a declaration:

(a) The principal’s attending physician, provider or health care provider or a relative of the principal’s attending physician, provider or health care provider;

(b) An owner, operator or relative of an owner or operator of a health care facility in which the principal is a patient or resident;

(d) A person appointed as attorney-in-fact or alternative attorney-in-fact by the declaration.

Collected 2026-09-03T23:50:11Z. Source file · JSON

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