Oregon Power of Attorney Forms

The Oregon Power of Attorney Forms are enacted by an individual (known as the Principal) so that they may legally delegate certain tasks and responsibilities to another trusted party (known as the Agent) that they do not have the time, expertise, or interest to do themselves. Or, in the case of filing an Advance Directive, the Principal does so in order to anticipate a circumstance in which they cannot communicate their own end-of-life wishes and will need someone to do so on their behalf.

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What is an Oregon Power of Attorney?

An Oregon Power of Attorney outlines the necessary requirements for an individual to transfer a specified amount of control over their affairs to another party chosen by them. The state of Oregon has a comprehensive framework of laws that address numerous areas of POA arrangements as well as related matters, as established by the Oregon Revised Statutes, Chapter 127. When drafting a POA, it is important to refer to the correct set of laws to ensure full compliance with state law.

  • Oregon Power of Attorney Laws – (Oregon Revised Statutes, Chapter 127, “Powers of Attorney, Advance Directives For Health Care, etc”)
  • State Definition of Power of Attorney – No state definition given.
  • State Definition of Advance Directive (§ 127.505(2)) – “means a document that contains a health care instruction or a power of attorney for health care.”
  • Signing Requirements
    • General / Durable Power of Attorney – The law is silent on state-mandated signing requirements, but it is strongly advised that the POA is signed by the Principal before a Notary Public and in the presence of two (2) witnesses.
    • Advance Directive / Medical Power of Attorney (§ 127.515(4)) – The Advance Directive must be signed by the Principal in the presence of two (2) individuals who meet the witness criteria prescribed in § 127.515(4).

Types

Advance Directive (Medical Power of Attorney) – Oregon’s power of attorney laws make it possible for a capable adult to “designate in writing a competent adult to serve as attorney-in-fact for health care.”

Download – Adobe PDF


Durable (Financial) Power of Attorney – A Financial POA of a durable nature allows for an agent to be responsible for handling affairs related to the principal’s financial assets both when they are in a legally capable as well as incapable state.

Download – Adobe PDF, Microsoft Word (.docx)


General (Financial) Power of Attorney – A Financial POA of a general nature does not allow for an agent to continue acting in the principal’s stead once they are determined, at a future date, to be incapacitated or if they are pronounced dead.

Download – Adobe PDF, Microsoft Word (.docx)


Limited (Special) Power of Attorney – A type of POA that suppresses the scope of the decision making powers bestowed to an agent to only those specifically detailed in this written contract.

Download – Adobe PDF, Microsoft Word (.docx), Rich Text Format (.rtf)


Minor Child Power of Attorney – Completion of a Minor Child Power of Attorney document signals a parent or guardian’s decision to temporarily delegate their parental tasks and duties to another party.

Download – Adobe PDF


Motor Vehicle (DMV) Power of Attorney – The Oregon Department of Transportation, Driver and Motor Vehicle Services provides documentation that makes it possible for vehicle owners to nominate an agent to represent them in matters concerning their vehicle title and/or registration documents.

Download – Adobe PDF


Real Estate (Property) Power of Attorney – This form comprises of four (4) options that an individual can choose from to indicate the way in which they want their agent to handle their real estate affairs.

Download – Adobe PDF, Microsoft Word (.docx), Rich Text Format (.rtf)


Revocation of Power of Attorney – If a principal decides they no longer require the services of their agent, a Revocation of Power of Attorney will ensure any powers held by the agent are stripped from date the form comes into effect.

Download – Adobe PDF, Microsoft Word (.docx), Rich Text Format (.rtf)


State Tax Filing Power of Attorney – The Oregon Department of Revenue allows taxpayers to elect a person to represent them before the Department using this form, so long as that person meets the qualifications specified within.

Download – Adobe PDF


When is it Effective?

The law, specifically § 127.005, states that a General / Durable Power of Attorney POA will become effective “when executed and remains in effect until the power is revoked by the principal.” That is, unless the POA states that it will only come into effect “at a specified future time, or will become effective upon the occurrence of a specified future event or contingency such as the principal becoming financially incapable.”

State law does not mandate any signing requirements for a General / Durable Power of Attorney to be put into effect. For this reason, it is recommended that the Principal signs the Power of Attorney before a Notary Public as well as in the presence of two (2) witnesses.

For an Advance Directive / Medical Power of Attorney to become effective, § 127.515(4) establishes that the Principal must sign it in the presence of two (2) witnesses, who must meet the certain witness criteria prescribed in § 127.515(4). In addition to the act of witnessing the Principal sign the POA, the witnesses are also required to make the written declaration established by the Advance Directive form, § 127.531.

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