The Oregon power of attorney is a document that one person, the principal, uses to authorize another person, the agent, to handle certain financial, legal, medical, or other matters in their stead.
Some of the main reasons to authorize another person to handle certain matters are as follows:
Reasons for Authorization
Due to the old age of the principal
If the principal is in unstable physical or mental health
If the principal decides to move to another place for a longer period of time
To authorize another person with the necessary professional knowledge to handle the matters like tax reporting or appearing before the court
Types of Power of Attorney in Oregon
Oregon Durable (Statutory) Power of Attorney Requirements
This type of power of attorney remains effective even if the principal becomes incapacitated and unable to make their own decisions. Additionally, the principal can provide that the power of attorney becomes effective only if they lose the capacity to act.
Oregon General (Financial) Power of Attorney Requirements
The principal can use this type of power of attorney to grant the agent the authority to take all the necessary financial actions that are in the principal's interest. Considering that the agent won’t have any limitations on their authority, the principal should choose a trustworthy person.
Oregon Limited (Special) Power of Attorney Requirements
If the principal wants to authorize the agent to conduct only a certain number of activities, they should issue a limited or special power of attorney. The principal can also provide a list of third parties the agent is authorized to interact with.
Oregon Parental (Minors) Power of Attorney Requirements
The parent or guardian of the minor in Oregon can use this power of attorney to enable another person to make decisions about the child’s healthcare, education, and more. This type of power of attorney can remain effective for a maximum of six (6) months.
Oregon Medical Power of Attorney Requirements
A medical power of attorney is the document a principal uses to authorize another person to make decisions about their medical treatment. This type of document needs to be acknowledged by at least two witnesses or the notary public.
Oregon Springing Power of Attorney Requirements
The principal can use this type of power of attorney if they want it to become effective only after a certain date or event. In practice, the principal usually stipulates that the power of attorney will become effective only if they become incapacitated.
Oregon Vehicle Power of Attorney Requirements
The principal uses this power of attorney to authorize the agent to buy or sell a vehicle on their behalf or apply for the title and registration before the Oregon DMV.
Oregon Revocation Power of Attorney Requirements
If the principal wants to revoke the previously issued power of attorney, they should use a revocation power of attorney. All they need to do is identify the power of attorney by providing the date it was signed and the name of the agent.
Oregon Tax Power of Attorney Requirements
A person can use this power of attorney to authorize their accountant or other kind of tax advisor to represent them before the Oregon tax authorities. They can collect information from the tax office, submit tax reports, make payments, and do other tax-related activities.
Oregon Real Estate Power of Attorney Requirements
This power of attorney authorizes the agent to complete the real estate transaction on behalf of the principal. In addition, a principal can also give the agent the long-term authority to manage the real estate property in their ownership.
Legal Requirements for a Power of Attorney in Oregon
When making the Oregon power of attorney, make sure it is in line with the following requirements:
Witnesses. The medical power of attorney must be acknowledged by at least two adult witnesses or the notary public. (§ 127.515(2))
Signatures. The Oregon power of attorney must be signed by the principal or in the principal’s conscious presence.
Notarization. The notarization in Oregon is not explicitly required, except in the case of the medical power of attorney. However, by notarizing the document, the parties are confirming the authenticity of the document in an official manner.
Mental capacity. When signing the power of attorney, the principal must be able to understand the meaning and consequences of their action.
Who Can Be an Agent for a Power of Attorney in Oregon?
You can appoint any person over 18 with the legal capacity to be your agent.
However, when choosing an agent, you should also consider the following:
Capability and willingness to represent you
The geographical location of the agent
Professional knowledge for handling certain tax or legal matters
You can name two or more people to serve as co-agents. In addition, you can also name the successor agent, who will act in case the primary agent becomes unable to represent the principal.
How to Create an Oregon Power of Attorney
Power of Attorney in Oregon
#1. Decide on Which Type of Document to Use
You should choose the type of power of attorney based on the scope of authority you want to delegate to the agent, as well as the moment you want the document to become effective and terminate.
#2. Select an Agent
You should choose a person that you can trust, like a member of your family or a friend. The agent should also be over 18, have legal capacity, and be willing to represent you.
#3. Define the Agent’s Powers
You can give them the authority to take any necessary actions before any third party by issuing a general Oregon power of attorney. Contrary to that, you can provide the list of the activities they are allowed to take on your behalf, as well as specify the third parties they are allowed to interact with on your behalf.
#4. Download & Fill in Our Form
After determining all the details about your power of attorney, you can simply download one of our customizable power of attorney templates and enter your details.
#5. Get it Signed & Notarized
You should sign the Oregon power of attorney and notarize it to prevent any fraudulent activities regarding the document’s authenticity. Moreover, many institutions, like banks, will refuse to accept the unnotarized power of attorney, regardless of whether state law requires it.
#6. Safely Store The Original Copy
The principal should keep the original Oregon power of attorney in their possession. Additionally, the agent should also be provided with a copy of the document, so they can prove their capacity to any third party.
#7. Provide Copies to Relevant Parties
You should provide all the third parties the agent interacts with on your behalf with a copy of the power of attorney for their reference.
#8. Update the Document as Needed
Every time some of the details about the principal, agent, or scope of authority change, you should update the power of attorney by issuing a new document with the updated information.
How Long Does a Power of Attorney Last in Oregon?
The Oregon power of attorney becomes effective immediately after the principal signs it, unless otherwise provided. The usual exception to this rule is when the principal provides that the power of attorney becomes effective after a certain date or after the occurrence of certain events, like the principal's incapacity.
The power of attorney terminates:
Reasons for Termination
If the principal passes away
If the principal loses the capacity (only if the document is non-durable)
When the purpose of the issuance of the power of attorney is fulfilled
If the agent becomes incapacitated or passes away
After the date determined as the termination date for the power of attorney
Oregon Power of Attorney FAQ
You should use a power of attorney in any situation where you are not able to conduct a certain action in person due to physical or mental health, old age, prolonged absence, or other reasons.
A power of attorney enables another person to act on your behalf and handle the legal, financial, medical, personal, or any other matter.
Although not explicitly required by Oregon state law, it is always recommended to notarize your power of attorney. This document can grant some important authority to the agent, and therefore the authenticity of such a document is important. By notarizing the power of attorney, you are confirming the authenticity of the document and preventing any disputes.
Yes, you should create a power of attorney even if you’ve already created the will. The main difference between these two documents is that the will allocates your property after you pass away, while the power of attorney enables another person to represent you during your lifetime.