Oregon Revised Statutes Chapter 127 § 127.736 — Form
Oregon Revised Statutes Chapter 127 ·
Oregon Code § 127.736·Enacted ·Last updated March 01, 2026
Statute Text
Form
of declaration.
A
declaration for mental health treatment shall be in substantially the following
form:
______________________________________________________________________________
DECLARATION
FOR
MENTAL
HEALTH TREATMENT
I, ___________________,
being an adult of sound mind, willfully and voluntarily make this declaration
for mental health treatment. I want this declaration to be followed if a court
or two capacity evaluators determine that I am unable to make decisions for
myself because my ability to receive and evaluate information effectively or
communicate decisions is impaired to such an extent that I lack the capacity to
refuse or consent to mental health treatment. Mental health treatment means
treatment of mental illness with psychoactive medication, admission to and
retention in a health care facility for a given period, convulsive treatment
and outpatient services that are specified in this declaration. Health care
facility could include an inpatient setting, a residential facility, an adult
foster home or a hospice program. Capacity evaluator means a licensed
independent practitioner or a licensed psychologist.
______________________________________________________________________________
CHOICE OF DECISION
MAKER
If I become
incapable of giving or withholding informed consent for mental health
treatment, I want these decisions to be made by: (INITIAL ONLY ONE)
__ My appointed
representative consistent with my desires, or, if my desires are unknown by my
representative, in what my representative believes to be my best interests.
__ By the mental
health treatment provider who requires my consent in order to treat me, but
only as specifically authorized in this declaration.
APPOINTED
REPRESENTATIVE
If I have chosen
to appoint a representative to make mental health treatment decisions for me
when I am incapable, I am naming that person here. I may also name an alternate
representative to serve. Each person I appoint must accept my appointment in
order to serve. I understand that I am not required to appoint a representative
in order to complete this declaration.
I hereby appoint:
NAME _________
ADDRESS _________
TELEPHONE # _________
to act as my representative to make decisions regarding my mental health
treatment if I become incapable of giving or withholding informed consent for
that treatment.
(OPTIONAL)
If the person
named above refuses or is unable to act on my behalf, or if I revoke that
persons authority to act as my representative, I authorize the following
person to act as my representative:
NAME _________
ADDRESS _________
TELEPHONE # _________
My representative
is authorized to make decisions that are consistent with the wishes I have
expressed in this declaration or, if not expressed, as are otherwise known to
my representative. If my desires are not expressed and are not otherwise known
by my representative, my representative is to act in what he or she believes to
be my best interests. My representative is also authorized to receive
information regarding proposed mental health treatment and to receive, review
and consent to disclosure of medical records relating to that treatment.
______________________________________________________________________________
DIRECTIONS FOR
MENTAL HEALTH TREATMENT
This declaration
permits me to state my wishes regarding mental health treatments including
psychoactive medications, admission to and retention in a health care facility
for mental health treatment for a period not to exceed the number of days
specified below, convulsive treatment and outpatient services.
If I become
incapable of giving or withholding informed consent to be admitted for
inpatient mental health treatment, I CONSENT TO BE ADMITTED TO THE FOLLOWING
HEALTH CARE FACILITIES:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
If I become
incapable of giving or withholding informed consent to be admitted to a health
care facility for mental health treatment, and am admitted to a facility listed
above, I consent to be admitted when medically necessary for up to: (INITIAL
ONLY ONE)
_________ 14
days.
_________ 30
days.
_________ 60
days.
_________ ___
days.
If I become
incapable of giving or withholding informed consent for mental health
treatment, I CONSENT TO THE FOLLOWING MENTAL HEALTH TREATMENTS: (May include
types and dosage of medications, short-term inpatient treatment, a preferred
provider or facility, transp
Plain English Explanation
This Oregon statute addresses Form
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 127.736
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Form
. Read the full statute text above for details.
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The formal citation is Oregon Code § 127.736. Use this format in legal documents and court filings.
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