The Oregon durable power of attorney (DPOA) is a legal document that enables one party to act and make decisions on behalf of another. The party issuing the durable power of attorney is called the principal, while the party that represents the principal is called the agent.
The main feature of a durable power of attorney is that it remains valid and effective even if the principal becomes incapacitated.
The principal can use the Oregon durable power of attorney in every situation when they are not able to personally complete certain actions and make certain decisions. This can be caused by the principal’s disability, like dementia or Alzheimer's disease.
Durable Power of Attorney Laws & Requirements in Oregon
Laws & Requirements
Relevant laws: Chapter 127 - Powers of Attorney; Healthcare Directives
Signing requirements: The principal must provide the signature on the Oregon durable power of attorney. Notarization might be required by banks and other third parties. (ORS 127.005(1))
Statutory form: The Oregon Revised Statutes don’t provide the statutory form for the power of attorney.
“Durable” as defined by the state law: ORS 127.005(4) provides that “All acts done by an agent under a power of attorney during a period in which the principal is financially incapable have the same effect, and inure to the benefit of and bind the principal, as though the principal were not financially incapable.”
How to Fill out a Durable Power of Attorney in Oregon
#1. Designate an Agent
Firstly, you should determine the person who will represent you and protect your interests against third parties. The agent should be an adult with the legal capacity to act.
When choosing an agent, you should look for a person that you can trust, especially if you are planning to authorize them to make decisions regarding your health care or finances.
Finally, the agent should be willing to represent you and be located near the place where a certain action needs to be taken.
In this section, you can also determine the successor agent. That is the person who will represent you in case the primary agent loses legal capacity or, in some other way, becomes unable to act.
#2. Grant Authority
Once you have determined your agent, you should define their scope of authority.
The Oregon durable power of attorney form provides three main ways in which you can determine your agent’s scope of authority.
Scope of Authority
General authority. This option enables your agent to take all the necessary actions and represent you before all third parties. You can limit the general authority by providing a list of actions that are not included in your agent’s scope of authority.
Partial authority. This option provides a list of actions from which you can select the actions you want to include in your agent’s scope of authority. You make the selection by signing your initials next to the relevant action.
Special authority. This option enables you to describe your agent’s scope of authority in your own words. In this way, you can include the activities that are not provided in the durable power of attorney form.
#3. Ensure the Form is Durable
In Oregon, the power of attorney is presumed to be durable unless you explicitly state it is not durable in the document.
#4. Sign the Form
After filling out the form, the principal should sign the document, preferably before at least two witnesses and a notary public.
#5. Notarize the Form
Although notarization is not explicitly required in Oregon, financial or other institutions might require it.
#6. Store Your Durable Power of Attorney Form
After finalizing the document, you should keep the original copy in your possession and store it in a safe place.
You can give one copy to the agent so they can prove their capacity to any third party they are interacting with on your behalf.
How to Revoke a Durable Power of Attorney in Oregon
You can revoke the Oregon durable power of attorney by making a verbal or written revocation, destroying the document with the intention of revoking it or issuing a new power of attorney that will revoke the previous one.
However, the most efficient way of revoking the durable power of attorney is by issuing a revocation letter. This letter should include the name of the agent and the date of issuance of the power of attorney you want to revoke.
To make the revocation effective, you should send a copy of it to the agent and to every third person they are interacting with on your behalf.