Oregon Power of Attorney Form Create an Oregon Power of Attorney Form

Oregon Power of Attorney Form

Published Dec 17, 2025
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An Oregon Power of Attorney is a legally recognized document that authorizes a chosen individual to act on another person’s behalf in financial, healthcare, or other designated matters, in accordance with Oregon law.

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Poa Type

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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OREGON POWER OF ATTORNEY FORM

IMPORTANT INFORMATION

This Power of Attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Oregon Uniform Power of Attorney Act, ORS Chapter 127.

This Power of Attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the Power of Attorney, or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This Power of Attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the Power of Attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

I. DESIGNATION OF AGENT

I, , residing at:

hereby appoint the following person as my agent:

Name of Agent:
Agent's Address:
Agent's Telephone Number:

II. DESIGNATION OF SUCCESSOR AGENT

III. GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Oregon Uniform Power of Attorney Act, ORS Chapter 127.

(Check the boxes of the subjects you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may check "All Preceding Subjects" instead of checking each subject.)

IV. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have checked the specific box below AND I have initialed the line next to the checkbox.

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death.)

V. LIMITATION ON AGENT’S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

VI. SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines:

VII. EFFECTIVE DATE

This Power of Attorney is effective immediately unless I have stated otherwise in the Special Instructions.

VIII. NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)

If it becomes necessary for a court to appoint a conservator of my estate or guardian of my person, I nominate the following person(s) for appointment:

IX. RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this Power of Attorney or a copy of it unless that person knows it has terminated or is invalid.

X. SIGNATURE AND ACKNOWLEDGMENT

PRINCIPAL

Signature: _________________________

Print Name: _______________

Date:

Address: _______________

AGENT'S ACCEPTANCE OF APPOINTMENT

I accept this appointment and agree to serve as agent for the principal according to the terms of this Power of Attorney.

AGENT

Signature: _________________________

Print Name: _______________

Date:

Address: _______________

AGENT'S DUTIES

When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the Power of Attorney is terminated or revoked. You must:

  1. Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest;
  2. Act in good faith;
  3. Do nothing beyond the authority granted in this Power of Attorney; and
  4. Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: (Principal’s Name) by (Your Signature) as Agent.

Unless the Special Instructions in this Power of Attorney state otherwise, you must also:

  1. Act loyally for the principal’s benefit;
  2. Avoid conflicts that would impair your ability to act in the principal’s best interest;
  3. Act with care, competence, and diligence;
  4. Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
  5. Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest; and
  6. Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.

Termination of Agent’s Authority: You must stop acting on behalf of the principal if you learn of any event that terminates this Power of Attorney or your authority under this Power of Attorney. Events that terminate a Power of Attorney or your authority to act under a Power of Attorney include:

  1. Death of the principal;
  2. The principal’s revocation of the Power of Attorney or your authority;
  3. The occurrence of a termination event stated in the Power of Attorney;
  4. The purpose of the Power of Attorney is fully accomplished; or
  5. If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this Power of Attorney state that such an action will not terminate your authority.

Liability of Agent: The meaning of the authority granted to you is defined in the Oregon Uniform Power of Attorney Act, ORS Chapter 127. If you violate the Oregon Uniform Power of Attorney Act, ORS Chapter 127, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

What is a Oregon Power of Attorney Form?

An Oregon Power of Attorney Form is a legal instrument that allows an individual to designate another person to manage their affairs, finances, or medical care. The person granting authority is referred to as the principal, while the individual receiving the authority acts as the agent or attorney-in-fact. This document serves as a crucial estate planning tool, ensuring that personal and business matters continue without interruption if the principal becomes absent or incapacitated. Residents of Oregon utilize this form to establish clear guidelines regarding who may sign documents, access bank accounts, or make healthcare decisions on their behalf.

Legal Framework and Validity in Oregon

Oregon operates under specific statutes that dictate how powers of attorney function within the state. The legislature adopted the Uniform Power of Attorney Act to standardize these laws and provide clear protections for both principals and agents. A valid document must meet strict execution requirements to ensure acceptance by financial institutions, medical facilities, and courts. The principal must possess the mental capacity to understand the implications of the document at the time of signing.

Types of Oregon Power of Attorney Form

  • General Power of Attorney - Grants the agent broad authority to handle financial and legal matters for the principal, typically ending if the principal becomes incapacitated.
  • Durable Power of Attorney - Includes specific language stating that the agent's authority continues or takes effect if the principal becomes mentally incapacitated.
  • Limited Power of Attorney - Restricts the agent's authority to specific actions or a defined time period, such as selling a specific property or handling business while the principal is traveling.
  • Oregon Advance Directive - Combines the medical power of attorney and living will into a single document, allowing an agent to make healthcare decisions when the principal cannot communicate.
  • Springing Power of Attorney - Remains inactive until a specific event occurs, usually the medical incapacitation of the principal as certified by a physician.

Signing and Execution Requirements

Oregon law mandates specific formalities for a Power of Attorney to be legally binding. These requirements vary depending on the nature of the authority granted. Financial institutions often reject documents that do not strictly adhere to these statutory standards.

  • Financial Power of Attorney Notarization - A power of attorney dealing with finances or property typically requires the principal to sign in the presence of a notary public (ORS 127.005).
  • Advance Directive Witnesses - Healthcare documents require signatures from two qualified witnesses or a notary public, with specific restrictions on who may serve as a witness (ORS 127.515).
  • Real Estate Recording - Instruments affecting real property titles must be acknowledged by a notary and recorded with the county clerk where the land is located.
  • Agent Acceptance - While not always mandatory for validity, agents often sign an acceptance of appointment to acknowledge their fiduciary duties.

Agent Duties and Fiduciary Responsibilities

An agent appointed under an Oregon Power of Attorney Form assumes a fiduciary role. This legal relationship imposes a high standard of care and loyalty toward the principal. The agent must act in good faith and solely in the interest of the principal, avoiding any conflicts of interest or self-dealing. Oregon statutes require agents to maintain accurate records of all transactions made on behalf of the principal. Failure to adhere to these duties can result in civil liability or criminal charges for financial abuse.

How to Complete an Oregon Power of Attorney Form

Step 1: Select a Trusted Agent - Choose a reliable individual, such as a spouse, relative, or close friend, who understands the responsibilities involved.

Step 2: Determine the Scope of Authority - Decide whether the agent should have broad general powers or authority limited to specific assets or decisions.

Step 3: Draft the Document - Use a template that complies with Oregon statutes, specifically referencing the Uniform Power of Attorney Act or the Oregon Advance Directive laws.

Step 4: Execute the Document - Sign the form in the presence of a notary public or required witnesses, depending on the type of form used.

Step 5: Distribute Copies - Provide copies to the agent, financial institutions, healthcare providers, and other relevant third parties while keeping the original safe.

Revocation of Authority

A principal retains the right to revoke an Oregon Power of Attorney Form at any time, provided they maintain the mental capacity to do so. Revocation effectively terminates the agent's authority to act. The process involves creating a formal written document stating the intent to revoke the previous power of attorney. This revocation document must be delivered to the agent and any third parties, such as banks or hospitals, that currently hold the original power of attorney on file. Without proper notice, third parties may continue to honor the agent's instructions in good faith.

State Laws and Regulations

Oregon statutes provide the legal backbone for all power of attorney documents. These laws define the creation, modification, and termination of agency relationships.

  • Oregon Uniform Power of Attorney Act - Governs the creation and use of powers of attorney for finances and property (ORS 127.005 et seq.).
  • Oregon Advance Directive Statutes - Regulates the appointment of healthcare representatives and end-of-life decisions (ORS 127.505 et seq.).
  • Agent Liability and Duties - Defines the mandatory duties of an agent and the penalties for misconduct or breach of fiduciary duty (ORS 127.015).
  • Judicial Relief - Allows interested persons to petition the court to review the agent's conduct or construe the power of attorney (ORS 127.035).
  • Protection for Third Parties - Protects persons who accept an acknowledged power of attorney in good faith without actual knowledge of its invalidity (ORS 127.025).

FAQs

Recording is generally not required for a standard financial or medical power of attorney to be valid between the principal and agent. Recording with the county clerk is mandatory only if the agent will be handling real estate transactions, such as buying or selling property.
Yes, Oregon law allows a principal to appoint co-agents who can act either jointly or independently. The document must specify whether the agents must agree on all decisions or if they can act separately to avoid confusion.
A Durable Power of Attorney typically takes effect immediately upon signing unless specific "springing" language is included. The "durable" designation simply means the authority survives the principal's subsequent incapacity.
Without this document, no one legally has the authority to manage your finances or healthcare if you become incapacitated. Family members would likely need to petition the court for a conservatorship or guardianship, which is a costly and time-consuming legal process.
All authority granted under a Power of Attorney Form terminates immediately upon the death of the principal. At that point, the executor or personal representative named in the Last Will and Testament assumes control of the estate.

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