Salem, OR asked in Estate Planning, Health Care Law and Family Law for Oregon

Q: Can a nurse practitioner declare a person incompetent or only an MD. State of Oregon.

1 Lawyer Answer

A: For purposes of the Oregon Advance Directive a health care provider determines when the person who signed the form is incapable. “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession.

“Health care provider” includes a health care facility.

For purposes of appointing a Guardian in Oregon the Court determines when a person is incapacitated and needs decisions made for them by a Guardian.

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