Power of Attorney Guidelines for State of Oregon

By Bernadette A. Safrath

A power of attorney is a legal document that allows you to appoint someone to act on your behalf if you become incompetent of incapacitated. The Oregon Revised Statutes set forth the requirements for a valid power of attorney, who may serve as your agent and how the power of attorney may be used.

A power of attorney is a legal document that allows you to appoint someone to act on your behalf if you become incompetent of incapacitated. The Oregon Revised Statutes set forth the requirements for a valid power of attorney, who may serve as your agent and how the power of attorney may be used.

Purpose

In Oregon, a person, known as the principal, uses a power of attorney to permit another person, known as the agent, to make certain decisions on his behalf. However, a power of attorney cannot be used for medical decisions. For that purpose, a person would need to sign an advance directive for health care. With a power of attorney, the principal can choose an agent to manage his finances if he becomes unable.

Ready to appoint a power of attorney? Get Started Now

Agents

The responsibilities granted to an agent can be vast or very limited, at the principal's discretion. Because of this, the agent you choose should be someone you trust, such as a family member or a close friend. In Oregon, an agent must agree to serve. Inform your agent of your intentions and make sure she is willing. It is also important to make sure your agent knows exactly what she is authorized to do. For example, your power of attorney may give her complete control over your finances, allowing her to buy and sell property, make withdrawals and deposits from all of your bank accounts, pay bills and make investments.

Requirements

In order to be effective, a power of attorney must be signed in accordance with the requirements set forth in the Oregon Revised Statutes. This means the document must be in writing and clearly express the powers an agent will or will not have. Finally, the principal must sign the power of attorney in the presence of two witnesses. The witnesses serve an important function by confirming the principal's identity and the fact he is competent at the time of the signing.

Revocation

Once a power of attorney takes effect, it remains in effect for the duration of the principal's life unless revoked. The agent's power terminates upon the principal's death. However, the principal is able to revoke his power of attorney at any time until he is declared incompetent. Revocation occurs when a principal communicates his intentions orally or in writing or signs an updated power of attorney. In addition, if the principal's spouse is his agent and they divorce, the agent's power is automatically terminated.

Ready to appoint a power of attorney? Get Started Now
Can a Power of Attorney Be Non-Durable & Non-Revocable at the Same Time?

References

Related articles

Kansas Statute on Power of Attorney

There are many tasks that you must do personally because of their legal or medical significance. For example, no one else can register your vehicle for you or sign your name to legal documents without formal permission from you. This formal permission is documented by a power of attorney, authorized by Article 6 of Chapter 58 of the Kansas statutes.

North Dakota Power of Attorney Laws

In North Dakota, you have the option of creating a power of attorney, or POA, to give another person the authority to act on your behalf when it comes to financial matters. These financial matters could include anything from that can access your bank accounts, who can pay bills or who can purchase or sell property. Under North Dakota law, the authority you grant may be as broad or as specific as you like, and you always have the option of revoking this authority at any time.

How to Obtain Power of Attorney

You may face circumstances that require you to perform legal acts, such as withdrawing money from a bank account or consenting to medical treatment, on behalf of another person, known as the principal, who cannot perform these acts himself due to disability or other adverse circumstance. A valid power of attorney will allow you to perform these acts as agent for the principal without legal liability. Hospitals and banks often offer standardized power of attorney forms that have been drafted in accordance with state law. Otherwise, you may draft the appropriate form yourself.

Related articles

Can I Cash a Bond With a Power of Attorney if the Owner Is Deceased?

A power of attorney expires when the person who created it, the principal, dies. Attempting to cash a bond using a ...

Does a Power of Attorney Require Notarization?

Notarizing a legal document, such as a power of attorney, involves using the services of a notary public to ...

Guidelines for Assuming Power of Attorney

Becoming an agent through a power of attorney is an important undertaking since it involves managing the affairs of ...

Durable Power of Attorney for Kentucky

A durable power of attorney is a power of attorney that becomes or remains valid when the principal goes unconscious, ...

Browse by category