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.”

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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 an incapable state.

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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.

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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.

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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.

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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.

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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.

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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 the date the form comes into effect.

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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.

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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) and (Chapter 36, Oregon Laws 2018 (HB4135) “Advance Directives” )
• State Definition of Power of Attorney – No state definition given.
• State Definition of Advance Directive (§ 127.505(2)) – “means a document executed by a principal that contains: (A) A form appointing a health care representative; and (B) Instructions to the health care representative.
• Signing Requirements
  • General / Durable Power of Attorney (§ 127.005) – 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 (Section 3 (3)(b)(B)) – The Advance Directive must be signed by the Principal and the Health Care representative and either a) witnesses and signed by two (2) witnesses or b) notarized.

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 notes any signing requirements for a General / Durable Power of Attorney to be put into effect. Signing requirements are also not specified for a Limited POA, Minor Child POA, or Revocation of Power of Attorney. It is, however, strongly recommended that the Principal signs the Power of Attorney before a Notary Public as well as in the presence of two (2) witnesses.

Signing requirements are stated for a Real Estate Power of Attorney. As specified by § 93.670, it is a requirement that this type of POA is acknowledged. The law also states that the contract “may be recorded in the county clerk’s office of any county in which the lands to which such power or contract relates is situated.”

For an Advance Directive / Medical Power of Attorney to become effective, Section 3 (3)(b)(B) establishes that the Principal and the Health Care Representative must sign it. It must also be witnessed and signed by two (2) witnesses or notarized.

Sample Template