Power of Attorney in Oregon

Have you ever wondered who would take care of your finances or make decisions for you if you become unable to do so for yourself? Don’t worry about leaving it up to whoever the law says has this right. Look into securing a power of attorney. This legal document allows you to prepare for any situation where you may need someone else to make decisions for you. With the help of an attorney in Oregon, you can easily set one up and get peace of mind today.

What Is a Power of Attorney?

The American Bar Association defines power of attorney as a document that gives the power to act on your behalf as a legal agent. This authority may either be temporary, or permanent. The result is that your designated agent can manage your affairs without your written approval.

Why Would You Need a Power of Attorney?

One of the reasons why you may pursue a POA is for convenience. For example, you may rather have someone manage your assets without securing your approval each time. Any Oregon POA can circumvent checks and balances, and allow someone to act on your behalf.

Another reason is when you are not able to make legally sound decisions. A POA provides you with security that a person of your choosing can do so for you. This arrangement is common for senior citizens. It also happens with people with severe physical or mental conditions that prevent them from making informed decisions.

Types of Power of Attorney

Not every POA grants the same powers to your agent. You can choose from different POAs to cater to what best suits your situation.

General Power of Attorney

A general POA grants an array of powers to the agent. This can include:

  • The ability to handle your financial matters and accounts
  • Power to manage your insurance needs
  • The ability to operate your business
  • The ability to make business decisions on your behalf
  • Power to hire or fire employees
  • The ability to settle claims against you
  • The ability to change your estate plan.

You may use this type of POA if you will be away for an extended period and need legal representation in Oregon to handle your affairs. This legal arrangement may happen during your absence. Or, it may occur in a situation where you cannot make the decisions on your own due to an illness or injury.

Special Power of Attorney

A special POA is more specific. You have the power to sign off on distinct powers granted to your agent. If you only want someone to sign off on real estate deals, for example, a limited power of attorney would be proper. You may use a special POA when you don’t have the time to deal with specific affairs due to time or health constraints.

According to the Oregon State Bar, you can create a specific power of attorney by specifying the agent’s powers. For example, you can grant powers such as banking, buying and selling property, and investments. You can also make the power of attorney temporary if you are going out of the country for a period of time and want someone to handle your affairs. Under Oregon law, a real estate power of attorney may be recorded in the County Clerk’s Office of the County in which the real property is situated.

Health Care Power of Attorney

This type of POA grants your agent the right to make all medical decisions on your behalf. It comes in handy when you are not conscious or are otherwise unable to make decisions regarding your health care. While state laws can differ, your POA could have the ability to make serious decisions, like ending life support.

You may use a health care POA if you are elderly or sick. You might find yourself in a situation where you can’t make decisions on your own. Power of attorney can transfer to your child or someone you trust so that care can continue in your best interests.

Durable Power of Attorney

A durable power of attorney enables the agent to control specified functions. DPOAs are useful if you anticipate losing your mental faculties, such as after an Alzheimer’s diagnosis. In essence, it acts as a preventative safeguard.

Unlike some states, Oregon provides for the presumption of durability in the creation of a power of attorney (POA). Specifically, Oregon statute states that the powers of the agent are exercisable even though the principal becomes incapacitated. This holds unless the POA contains words that limit the period of time of its effectiveness. According to the Oregon Secretary of State, there is no statutory requirement for a principal to sign the power of attorney before a notary public. However, it is advisable to do so.

Choosing an Agent

The person you choose as an agent should be someone you trust. Often, people choose a family member. Your family members usually have your best interests in mind and are close to you. However, you can select any individual to be your POA. Keep in mind that whoever you choose will be in charge of managing your affairs and should be someone you trust to  honor your wishes.

Appointing Multiple Agents

As principal, in Oregon you have the right to appoint multiple agents. You decide whether these agents act together or make separate decisions. Having two or more agents establishes a system of checks and balances. This procedure keeps one agent from making too rash of a judgment. However, it can also lead to discrepancies that can cause delays.

At the very least, it is crucial to have a backup POA should something happen to your primary. A successor agent can take control once the primary agent either passes away or cannot carry out the duties of an agent.

Revoking a Power of Attorney in Oregon

You have the right to revoke your power of attorney at any time as long as you are of sound mind to do so. You will need to put your revocation in writing and file it with the same place in Oregon that handled your original POA paperwork.

Another party may also try to revoke your POA. Although, that becomes a much more complex legal proceeding and would be difficult to prove in court. The person would have to show the agent has done something to jeopardize your interests.

Under Oregon law, the death of a principal does not automatically terminate a power of attorney (POA). Specifically, the agent and any institution holding the POA must have actual knowledge of the death. In addition, the principal can revoke a POA in writing using a Revocation of POA Form. However, any person who has not received actual notice of revocation is not liable to any other person by reason of relying on the power of attorney. Furthermore, Oregon law dictates that the revocation of a real estate POA must be filed with the same County Clerk’s Office that has the original POA.

Using a POA to Protect your Interests

You can insert provisions into your agreement that force your agent to report to an outside party. For example, a family accountant or a designated medical doctor could fill this role. This arrangement adds another layer of security and guarantees that another party can review decisions.

Under Oregon law, an agent in a power of attorney can be accountable to someone other than the principal. Specifically, if a conservator is appointed for a principal, the agent must account to the conservator, rather than to the principal. This holds as long as the conservatorship lasts. The conservator has the same power that the principal would have to revoke, suspend, or terminate all or any part of the power of attorney.

Do I Need a Lawyer to File POA in Oregon?

It is wise to consult with an attorney who specializes in Oregon trust or estate issues. POA paperwork can be complex, so having a dedicated Oregon legal professional can be helpful. A lawyer can also help you add provisions that safeguard your interests when you cannot look out for yourself.

Work with an Experienced Local Lawyer in Oregon

If you want to create a power of attorney, you should begin by speaking with an attorney. We can match you with an experienced Oregon that can help you navigate your POA. We can even help you connect with an attorney across Oregon state lines.

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