An Oregon Power of Attorney Form is a legal document that allows the principal to choose a representative responsible for specific tasks and is also required to make decisions on their behalf.
A principal can choose more than one agent to act on their behalf. In Oregon State, most principals are adults who choose their spouses or children to deal with different matters if they are incapable of doing it on their own. As a principal, you can choose to draft this power of attorney for different reasons such as financial, medical, signing contracts, dealing with real estate transactions, business, taking care of a child, and tax filing. Ensure that you observe the laws of Oregon State as you prepare your POA. A power of attorney in Oregon is suitable in all the counties and can be legally used once adequately prepared.
Reasons for Having a POA in Oregon
As a principal over 18 years of age in Oregon State, it is essential and advisable to have a power of attorney. This is because the form is beneficial for several reasons. For example, you can use it when you are moving into a care facility or travelling either to visit or to live overseas, when you are absent and cannot handle specific issues, or have a long term or terminal illness, when you are getting older, or your health is deteriorating and when you have limited mobility.
Scope of Oregon Power of Attorney
When it comes to the scope of the Oregon power of attorney, the laws of the State allow a principal to assign various powers to their chosen agent(s). As the principal, you can either give the agent broad authority or limit the powers to specific decisions. Also, Oregon State allows principals to prepare a POA that will only come into effect if a particular event happens, such as if the principal cannot communicate their wishes. In Oregon State, you must indicate the date when your power of attorney will become effective. There are no requirements for the principal to add their signature to the form in the presence of witnesses.
Types of Power of Attorney
There are different Oregon power of attorney forms that you can use depending on your needs and requirements as shown below:
Advance Directive
An Oregon advance directive, also known as an Oregon medical power of attorney, is a legal authority that allows a principal to choose an agent, usually a caregiver or a health care representative, to represent them and act on their behalf when it comes to medical issues.
In Oregon State, your advanced directive should include your health care representative, your health care instructions or living will, and your POLST (Portable Orders for Life-Sustaining Treatment). In addition, there are laws in Oregon State that you must observe as you prepare this form. They include the ORS 127.515(2)(b), which dictates that you should sign this document before two witnesses or a notary public, and the ORS 127.505(2), which states what you need to include in your advanced directive. These laws are found under the ORS Chapter 127 (Sustaining Treatment Registry; Declarations for Mental Treatment; Death with Dignity) statutes.
Download: Microsoft Word (.docx)
Durable (Financial) Power of Attorney
An Oregon durable (financial) power of attorney is a form that enables you as the principal to select an agent to handle your financial affairs on your behalf. The agent is tasked with making decisions regarding your business and financial affairs. Ensure that you select a trusted individual as your agent since this form is durable and valid until death. That means that the agent will retain their authority even after you become incapacitated.
You can, however, revoke this power of attorney whenever you wish, but only if you are legally and mentally competent. Ensure that you include the correct language to ensure that the form is durable; this is because the Oregon State does not presume a form to be durable unless it follows the specific requirements. Some laws govern the preparation of this type of power of attorney form, and they are found under Chapter 127 (Powers of Attorney; Healthcare Directives) statutes.
For the ORS 127.005(4), the term “durable” is not used. But instead, the principal should specify that all actions taken by the agent even after the principal becomes incapacitated remain valid. For the ORS 127.540, 127.700 to 127.737, and 426.385, the representative is referred to as the attorney-in-fact and should make sound decisions. Also, the ORS 127.005(1) directs that the principal is the only individual who should sign this form, and the form should be notarized or witnessed if required by certain relevant institutions. Oregon State does not have any statutory power of attorney form for principals to use.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
An Oregon general (financial) power of attorney is a legal document that grants an agent powers to manage or handle business and financial affairs on behalf of the principal. Once you sign the document, the powers will be transferred to the agent. As the principal, you can also choose to specify the date when a power of attorney will become effective.
Since this is not a durable power of attorney, it will revoke or terminate itself if you become incapacitated before you can revoke it. Ensure that you observe the Chapter 127: Powers of Attorney statutes when preparing this power of attorney form. Although it is not a requirement, you can notarize this document after you and your agent have signed the form.
Download: Microsoft Word (.docx)
Limited Power of Attorney
In most cases, such as in Oregon limited power of attorney form, a principal may assign temporary powers to the agent to act on their behalf and include a clause that terminates their powers once they have completed the said tasks. Also, the language used when preparing this form can specify and restrict the agent’s powers by creating a time frame when their authority will be valid.
Ensure that you make your expectations and boundary clear in the agent’s form to avoid legal confusion. An agent chosen for such a power of attorney should be reliable and trustworthy, so principals tend to choose a professional, a close friend, a spouse, a relative, or a close family member.
Ensure you observe Chapter 127: Powers of Attorney when creating this type of power of attorney. Although it is not a requirement, you can notarize or use witnesses for this document when you and your agent sign the form.
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
An Oregon minor (child)/ guardian of minor power of attorney form is a form that allows the principal to appoint an agent, or a caretaker, to take care of their child for a specified time. In Oregon State, this form remains valid for up to six months. However, if you need the agent to take care of your child for a more extended period, you will need to include an additional grant of power.
The agent can handle your child’s medical and educational matters with this form until you become available. Ensure that you inform relevant parties of the form so that they can approve the agent’s actions. As the principal, you can terminate or revoke this form. Ensure you observe the State laws (§ 109.056) as you prepare this form.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
An Oregon real estate power of attorney form is a document used by the principal to select an agent to handle any real estate transactions, including care, sale, refinancing, or management of a real property. With this form, your attorney has the power to deal with your actual property only. They can make decisions on your behalf, which means that you should choose an agent you fully trust.
Ensure that you sign this form after filling it out and then make copies to give your agent. Always observe Chapter 127: Powers of Attorney statutes that guide the preparation of this form. To enable your agent to record any land conveyances with the local registry, ensure that your form is notarized and witnessed for validation purposes, according to the signing requirements mentioned in ORS § 93.670.
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
An Oregon revocation power of attorney is a form prepared by a principal if they wish to revoke or terminate their existing power of attorney. Once you prepare this form, you should inform your agent by sending them a document copy. Also, ensure that you contact and communicate with all relevant parties so that they are aware of the revocation. Anyone who uses your power of attorney since they think it is still in effect since, and are not aware of your revocation, will not be held liable by the State of Oregon. Observe the § 127.015 laws when preparing a revocation power of attorney form.
Download: Microsoft Word (.docx)
Tax Power of Attorney (Form 150-800-005)
An Oregon tax power of attorney form is a legal document prepared and signed by the principal to allow an agent to handle tax affairs on their behalf. This form is usually referred to as the Tax Information Authorization and Power of Attorney for Representation in Oregon State. With this form, your agent can handle your taxes and perform any other actions related to the Oregon Department of Revenue on your behalf.
An agent, in this case, is usually a CPA or an attorney and the form usually specifies the length of the validity of the agent’s authority. Ensure that your tax power of attorney form has clear information regarding the agent’s powers and other required information.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney (Form 735-500)
An Oregon vehicle or an Oregon Department of Motor Vehicles (DMV) power of attorney allows the principal to have an agent who will manage all affairs related to their motor vehicles. This document is required by the Oregon Department of Transportation Driver And Motor Vehicle Services before an agent can handle your vehicle affairs.
This form should be signed and dated only by the vehicle owner (principal) for the document to become valid before the agent can deal with all assigned responsibilities. Ensure that your agent has a copy of this form as proof when dealing with vehicle affairs, such as registration and getting a title for your vehicle, on your behalf.
Download: Microsoft Word (.docx)
Springing Power of Attorney
A springing power of attorney form from Oregon is a document prepared by a principal that becomes effective only after a particular event happens. As a principal, you must specify the event in your Oregon springing power of attorney form. For instance, this form can be prepared by a principal to “spring” into action at a time in the future when they become incapacitated or hospitalized.
Download: Microsoft Word (.docx)
Oregon Power of Attorney Requirements
As you prepare any of the mentioned Oregon power of attorney forms, there are requirements that you must keep in mind to ensure that your form is valid. Oregon State has no specifications for the format of the power of attorney form. There are no requirements for witnesses or the notary public. However, a power of attorney in Oregon can only be recognized by the State if it is in writing, if it highlights the principal’s wishes to choose an agent(s) to act on their behalf and if it has the principal’s signature.
How to Get POA in Oregon?
To get a power of attorney in Oregon State, ensure that you first review Chapter 12, volume 3 of the Oregon Revised Statutes to grasp the law requirements properly. There should be a principal, an agent, and two backup agents. As the principal, you will need to download the type of power of attorney you need, fill it out, and sign it. In addition, you must ensure that the language used in your power of attorney indicates that you have transferred powers to the agent.
After doing this, you need to give a copy to your agent(s) and send it to any other relevant parties and institutions as proof that you have delegated your authority. Also, as a principal, you can only get the power of attorney if you are an adult (eighteen years old and above) and are mentally competent according to the law.
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How to Revoke Oregon POA?
Although the authority given to the agent(s) is long-lasting, the principal still has the power to revoke their power of attorney in Oregon at any time. Therefore, if you wish to revoke your power of attorney, you should prepare a revocation of power of attorney document. Keep in mind that a durable power of attorney remains effective even after becoming incompetent or incapacitated.
Also, unless the termination date is stated or you revoke your power of attorney, it will remain valid and effective until the principal’s death. Oregon State expects third parties and institutions to offer their services to your agent, as long as you have not revoked it. Since this is the case in Oregon State, you need to ensure that you select a trustworthy agent.
If you want to include termination date and ensure that your power of attorney is not durable, ensure that you use proper language that specifies these restrictions.
Frequently Asked Questions
You do not need to work with a lawyer to review your Oregon power of attorney since these forms are easy to prepare and understand. However, you can seek legal counsel in case you need any clarifications.
If you choose to work with a lawyer, it might cost you between $200 to $500 to get a power of attorney in Oregon State.
After making an Oregon power of attorney, you will need to follow the instructions provided at the end to ensure your form is finalized and valid. You will need to sign the document and send copies to your agent(s), related institutions, and other relevant parties.
In Oregon State, a power of attorney does not need to be notarized, witnessed, or recorded. However, specific forms should be notarized, such as the durable power of attorney forms. Also, you will have to ensure that the form is notarized and recorded with the county for real estate transactions. If you use witnesses when signing your power of attorney form, ensure that they are not your agent and are over 18 years of age.
