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Oregon Power of Attorney Forms

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An Oregon power of attorney provides a way for one person to make another person his or her legal representative in certain situations and circumstances. There are many different forms of POAs to fit a variety of circumstances. Some POAs are broad, in that they confer broad power over a person’s assets and property to another. Others are narrower and meant for certain discrete purposes, such as for healthcare, or for a limited real estate transaction. In all of these situations it is very important that the person chosen be trustworthy and reliable. The power of attorney statute in Oregon can be found at

Laws

All Types

Advance Directive (Medical Power of Attorney) – This form is for use when you want to appoint another to make health care decisions on your behalf if you can’t make them for yourself for some reason.

Durable (Financial) Power of Attorney – May be used to appoint a person to manage your financial affairs, including the acquisition and disposition of assets. This type will stay in effect beyond the point where you are no longer able to make your own decisions. That’s why its called “durable”.

General Power of Attorney – This form is similar to the “durable” type, because it allows you to appoint another to handle a broad range of financial matters. However, this type terminates when the principal is determined to be incapacitated and unable to make his or her own decisions.

Limited Power of Attorney – This form is for use in limited situations, such as a single transaction or a discreet time period.

Minor Child Power of Attorney – This form is for use when you want to have someone in place to be in charge of your children in the even you are unavailable. This will allow your appointed person to make decisions regarding the children’s health care and schooling.

Real Estate Power of Attorney – For the benefit of a landlord, this document allows the designation of a person to handle any and all aspects of the sale or management of real property.

Revocation of Power of Attorney – This form is for use when you are seeking to cancel a POA that you have executed in the past. In addition to filling this out, you will need to make sure all the relevant parties receive notice of the revocation.

Tax Power of Attorney Form – This form is used when you seek to appoint a tax professional to handle your tax matters before the taxing authority.

Vehicle Power of Attorney – This form is for use when you wish to appoint another to handle your motor vehicle titling and registration in front of the Oregon Department of Motor Vehicles.

How to Write

1 – The Paperwork Necessary To Assign Authority Should Be Downloaded

Locate the buttons displayed on this page with the image preview. Select any one of them to obtain a workable copy of this template. It is generally a good idea to save such a template both, so it may be worked on at your discretion and for possible future use.

2 – Supplement This Template’s Introduction With Party Information

Some pieces of information will be requested by the first paragraph of this template. This will place one individual in the role of a Principal delegating Authority and another individual as the recipient of this delegation. The structure of this paragraph requires the Principal to be addressed first. Use the first three blank lines to document the Name of the Principal, his or her Residential Street Address including the City, and the State of Residence (in this order).Next the Agent will be named as the Attorney-in-Fact receiving Principal Power. Record the Name of the Agent, his or her Street Address with City, and his or her State of Residence on the three blank lines appearing after “Hereby Designate.”

3 – The Principal’s Determined Date Of Effect Must Be Reported By The Principal

Whenever Principal Powers are appointed, the Date when the Agent may first begin wielding them on behalf of the Principal should be defined. Typically, two options are employed when issuing Durable Powers. This document will display two statements under the heading “Effective Date,” one of which must be initialed by the Principal before this document is signed. The Principal can declare the Powers delivered to the Agent available for use by that Agent automatically on the Calendar Date he or she signs it by initialing the statement labeled as “A.” However, if the Principal doesn’t want these Powers appointed to the Agent until the Calendar Date when a written diagnosis that he or she can no longer make decisions is attached to this document, then the Principal should initial the “B” statement. Note: The written diagnosis required by “B” can only be produced by an appropriate professional such as a Physician.

4 – The Principal’s Authority Can Only Be Delivered Through His Or Her Personal Approval

If any Principal Authority is to be designated within an Attorney-in-Fact’s control through this paperwork, then it must be classified and approved by the Principal beforehand. The “Powers Of Attorney-in-Fact” section will perform this task nicely. The paragraphs in this section will combine to cover all the areas where a Principal can delegate his or her Principal Power to the Agent. Since each paragraph will represent a basic subject and contain the decision-making tasks and actions the Agent can conduct with Principal Power. The Principal will need to initial each paragraph that should be included when defining the Agents Principal Authority. Any topic of Power left unattended to by the Principal will not be delivered to the Agent.

If the Principal has determined the Agent should represent wield Principal Authority to conduct the Principal’s “Banking” Affairs, then he or she should initial the first paragraph.The second statement, “Safe Deposit Box,” will give the Agent the Principal Power to act as the Principal with the Principal’s Safe Deposit Boxes.To allow the Agent to use Principal Authority with “Lending Or Borrowing” in the Principal’s Name, the third statement will require the Principal’s initials.When the Principal has decided upon delegating the Agent with the Authority to wield Principal Power regarding his or her “Government Benefits,” the fourth statement will need to be initialed by the Principal.Should the Principal’s “Retirement Plans” be within the Agent’s Principal Powers to act upon, the Principal will need to initial the fifth statement.If the Principal wishes the Agent to have the Principal Powers act in his or her name regarding “Taxes,” the sixth statement must be initialed.The Principal’s “Insurance” matters may be included in the Agent’s responsibilities when he or she is granted the Principal Power to deal with them if the Principal initials the seventh item.Should the Agent be required to engage in “Real Estate” affairs using the Principal’s Name, the Principal will need to place his or her initials on the blank line in the eighth item to formally deliver such Authority to the Agent.To assign and approve the Principal Authority required for the Agent to represent the Principal with the “Personal Property” of the Principal, the ninth statement must be initialed by the Principal.When “Power To Manage Property” should be delegated to the Agent, the Principal will need to initial the tenth paragraph to approve the Agent’s use of Principal Powers in this area.If the Principal has determined the Agent should be able to make various “Gifts” in his or her Name, then the Principal must initial the eleventh paragraphShould the Agent have the ability to wield Principal Power to handle actions pertaining to “Legal Advice And Proceedings” on behalf of the Principal with Principal Power, then the last statement must be initialed by the Principal.If the Principal has any additional provisions, limitations, or extensions that should apply to this document’s delegations of Principal Powers, they should be fully explained using the lines provided under the words “Special Instructions”

5 – A Successful Execution Of This Paperwork Calls For An Authentic Principal Signature

The Principal’s Signature will be a mandatory item for this document to become an active representation of the Principal’s wishes. To complete this execution the Principal must locate the last statement (starting with the words “In Witness Whereof”) to record his or her Signature DateOn the blank line below this, the Principal must sign his or her Name.

In addition to the Principal, two Witnesses must sign this document. There will be a statement placed below the Principal’s Signature which will constitute a Witness Testimony. Each Witness must read this statement. If it is accurate then they must supply their signatures and addresses in the spaces provided. A Notary Public will notarize this signing in the area presented below the Witness Signatures.Fill in the Attorney-in-Fact’s full Name on the blank line in the “Specimen Signature And Acceptance Of Appointment” paragraph. The Attorney-in-Fact, must sign his or her name to approve this statement.The last area has been reserved for the Notary Republic who shall notarize the Attorney-in-Fact Signing.



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