I'm aware of three pieces of legislation that have been introduced during the Oregon Legislatures 2016 short session that relate directly to estate planning and end of life issues. The first is Revised Uniform Fiduciary Access to Digital Assets Act. This act authorizes certain fiduciaries to access electronic communications and digital assets of certain persons or decedents.
Proposed language includes:
SECTION 7.If a deceased user consented to, or a court directs, disclosure of the con-tents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian:(1) A written request for disclosure in physical or electronic form;(2) A certified copy of the death certificate of the user;(3) A certified copy of the letter of appointment of the personal representative or asmall estate affidavit or court order;(4) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney or other record evidencing the user’s consent to disclosure of the content of electronic communications
4. DIRECTIONS TO MY HEALTH CARE REPRESENTATIVE.If you wish to give directions to your health care representative about your health care decisions, initial one of the following two statements:___ My health care representative must follow my instructions unless my medical pro-vider says my instructions are not consistent with medical standards.___ My instructions are guidelines for my health care representative to considerwhen making decisions about my care, but my health care representative should use discretion as the health situation requires.
(3)(a) Property not subject to probate administration, the transfer of which is intended by the decedent to take effect on death, is treated as an advancement against the heir’s share of the estate or the devisee’s devise under the will if declaredin writing by the decedent, or acknowledged in writing by the heir or devisee, to be an advancement. Examples of transfers under this subsection include but are not limited to beneficiary designation, right of survivorship and transfer on death deed or transfer on death designation.