Legislation
State: Oregon
Signed: March 21, 2023
Effective: January 01, 2024
Chapter: 11
Summary
House Bill 2329 authorizes a Notary to notarize the signature of a principal on a document for appointment of person to make decisions concerning disposition of remains and declaration for mental health treatment.
Affects
Amends Sections 97.130, 127.700, 127.707, and 127.736 of the Oregon Revised Statutes.
Changes
- Authorizes a document appointing a person to direct the disposition of remains and a directive for mental health treatment to be signed before a Notary or by 2 competent witnesses who are not disqualified under the provisions of the bill complete the section of the document for witnesses.
- Contains a statutory directive for appointment of a designee to make decisions regarding the disposition of remains and mental health treatment form that includes signature witnessing notarial certificate.
AnalysisThe two documents estate planning documents at the center of House Bill 2329 previously only required 2 competent adult witnesses who were not disqualified to serve in the capacity of a witness to sign the documents. The effect of HB 2329 is to allow the second option of having a Notary to notarize the signature of the principal on these two forms. For certain individuals, going to a Notary makes more sense because they may not have 2 witnesses who could serve. The notarial act on each of the two forms is a signature witnessing, a specific type of notarial act authorized for Notaries to perform under ORS 194.215(8).
Read House Bill 2329.