Oregon Statutes 127.707 – Execution of declaration; witnesses
(1) A declaration is effective only if it is signed by the principal and:
Terms Used In Oregon Statutes 127.707
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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. [1993 c.442 § 4; 2023 c.11 § 3]
See note under 127.700.