Oregon Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Oregon who cannot decide: an agent, a guardian, or Oregon's default surrogate order. Runs in your browser; nothing is stored.

Oregon law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Oregon

  1. With no agent and no guardian, this state's default surrogate law applies only to some decisions or settings (see the scope below). Outside that scope, someone may need a court appointment.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Oregon's default surrogate order

  1. A guardian with health care authority, if any
  2. Spouse
  3. An adult the others on the list designate (Only if no one on the list objects)
  4. A majority of the adult children who can be located
  5. Either parent
  6. A majority of the adult siblings who can be located
  7. Any adult relative or adult friend
What it covers
Covers only withholding or withdrawing life-sustaining procedures for an incapable adult with no health care representative or valid advance directive, and only in four medically confirmed conditions such as terminal illness or permanent unconsciousness.
If more than one person is in the same group
Adult children and adult siblings act by majority of those who can be located. A designated adult serves only if no listed person objects.
If nobody on the list is available
If no listed person is available, life-sustaining procedures may be withheld or withdrawn under the direction of the attending physician or attending health care provider.
Who decides the person cannot decide
The attending physician or attending health care provider must determine the statute's conditions are met.
Limits
  • Before withdrawal, the person must consult concerned family and close friends, and notify a state case manager if there is one.
  • A parent or former guardian may not decide if a court removed the person from their care or ended parental rights, among other conditions.
  • For a person with an intellectual or developmental disability, the decision-maker must contact the department about a case manager before withdrawal.

Source: Or. Rev. Stat. 127.635 · Checked October 26, 2026

Next steps

Who decides in Oregon without a power of attorney?

Oregon's default surrogate law (Or. Rev. Stat. 127.635) covers only some decisions or settings. Without a health-care agent or guardian, the first person in line under the statute is: Spouse.

Oregon's default surrogate law in full

Oregon's default surrogate order

  1. A guardian with health care authority, if any
  2. Spouse
  3. An adult the others on the list designate (Only if no one on the list objects)
  4. A majority of the adult children who can be located
  5. Either parent
  6. A majority of the adult siblings who can be located
  7. Any adult relative or adult friend
What it covers
Covers only withholding or withdrawing life-sustaining procedures for an incapable adult with no health care representative or valid advance directive, and only in four medically confirmed conditions such as terminal illness or permanent unconsciousness.
If more than one person is in the same group
Adult children and adult siblings act by majority of those who can be located. A designated adult serves only if no listed person objects.
If nobody on the list is available
If no listed person is available, life-sustaining procedures may be withheld or withdrawn under the direction of the attending physician or attending health care provider.
Who decides the person cannot decide
The attending physician or attending health care provider must determine the statute's conditions are met.
Limits
  • Before withdrawal, the person must consult concerned family and close friends, and notify a state case manager if there is one.
  • A parent or former guardian may not decide if a court removed the person from their care or ended parental rights, among other conditions.
  • For a person with an intellectual or developmental disability, the decision-maker must contact the department about a case manager before withdrawal.

Source: Or. Rev. Stat. 127.635 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Oregon if there is no power of attorney?

Oregon's default surrogate law (Or. Rev. Stat. 127.635) covers only some decisions or settings. Without a health-care agent or guardian, the first person in line under the statute is: Spouse. The full order, tie rule and limits are in Or. Rev. Stat. 127.635.

Does next of kin in Oregon have authority over money?

No default surrogate law covers money. In Oregon, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Oregon law checked against the official text on October 26, 2026.

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