Oregon Revised Statutes Chapter 97 § 97.130 — Right

Right to control disposition of remains; delegation. (1) Any individual of sound mind who is 18 years of age or older, by completion of a written signed instrument or by preparing or prearranging with any funeral service practitioner licensed under ORS chapter 692, may direct any lawful manner of disposition of the individual’s remains. Except as provided under subsection (7) of this section, disposition directions or disposition prearrangements that are prepaid or that are filed with a funeral service practitioner licensed under ORS chapter 692 are not subject to cancellation or substantial revision. (2) A person within the first applicable listed class among the following listed classes that is available at the time of death, in the absence of actual notice of a contrary direction by the decedent as described under subsection (1) of this section or actual notice of opposition by completion of a written instrument by a member of the same class or a member of a prior class, may direct any lawful manner of disposition of a decedent’s remains by completion of a written instrument: (a) The spouse of the decedent. (b) A son or daughter of the decedent 18 years of age or older. (c) Either parent of the decedent. (d) A brother or sister of the decedent 18 years of age or older. (e) A guardian of the decedent at the time of death. (f) A person in the next degree of kindred to the decedent. (g) The personal representative of the estate of the decedent. (h) The person nominated as the personal representative of the decedent in the decedent’s last will. (i) A public health officer. (3)(a) The decedent or any person authorized in subsection (2) of this section to direct the manner of disposition of the decedent’s remains may delegate such authority to any person 18 years of age or older. (b) Delegation of the authority to direct the manner of disposition of remains must be made by completion of: (A) The written instrument described in subsection (8) of this section; or (B) The form described in subsection (4) of this section. (c) The person to whom the authority is delegated has the same authority under subsection (2) of this section as the person delegating the authority. (4)(a) A Record of Emergency Data, DD Form 93, or a successor form recognized by the Armed Forces of the United States, as that term is defined in ORS 366.931, completed by a member of the Armed Forces of the United States serves as a valid written instrument for purposes of subsection (3) of this section. (b) In accordance with United States Department of Defense Instruction 1300.18, a member of the Armed Forces of the United States shall complete the form described in this subsection and shall verify the accuracy of the form at least annually. (c) The form described in this subsection, regardless of the date on which the form was signed, supersedes any other written instrument that directs the disposition of the decedent’s remains. (5) Except as provided in subsection (4)(c) of this section, if a decedent or the decedent’s designee issues more than one authorization or direction for the disposal of the decedent’s remains, only the most recent authorization or direction is binding. (6) A donation of anatomical gifts under ORS 97.951 to 97.982 takes priority over directions for the disposition of a decedent’s remains under this section only if the person making the donation is of a priority under subsection (1) or (2) of this section the same as or higher than the priority of the person directing the disposition of the remains. (7) If the decedent directs a disposition under subsection (1) of this section and those financially responsible for the disposition are without sufficient funds to pay for such disposition or the estate of the decedent has insufficient funds to pay for the disposition, or if the direction is unlawful, the direction is void and disposition shall be in accordance with the direction provided by the person given priority in subsection (2) of this section and who agrees to be financially responsible. (8) The signature of the individual delegating the authority to direct the manner of disposition is required for the completion of the written instrument required in subsection (3)(b)(A) of this section. The following form or a form substantially similar shall be used by all individuals: ______________________________________________________________________________ APPOINTMENT OF PERSON TO MAKE DECISIONS CONCERNING DISPOSITION OF REMAINS I, __________________, appoint __________________, whose address is _______________ and whose telephone number is (___) _________, as the person to make all decisions regarding the disposition of my remains upon my death for my burial, cremation or alternative disposition. In the event ____________ is unable to act, I appoint ____________, whose address is __________________ and whose telephone number is (___) _________, as my