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Power of Attorney Oregon

    We've all had the experience of wanting someone to represent us on matters about which we have no professional knowledge. Since many legal procedures are involved, people believe that signing an Oregon power of attorney is complicated. However, with our power of attorney Oregon template, it is only a one-step process. Download the free template that is tailored to all of the legal aspects that must be addressed.

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Power of Attorney Oregon

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An Oregon power of attorney document is a legal instrument that grants individuals the powers to appoint someone to stand in for them when they are unavailable or incapacitated to make certain decisions for themselves. Regardless of the type, this power of attorney is usually revoked immediately upon the demise of the principal.

The agent is bound by the dictates of this legal document to represent the principal’s best interests. This article reveals a lot more about an Oregon power of attorney.

This Oregon power of attorney template must includes the following information:

    • Title of form
    • Date when the form was signed
    • Contact information of all signatories to the form
    • Signatures of principal and agent(s)
    • Special instructions highlighting specific powers granted to the agent, as well as limitations of such powers
    • Name and contact information of alternate agents, if any.

What Is an Oregon Power of Attorney?

The laws governing the power of attorney Oregon are contained in Chapter 127 of the Oregon Revised Statutes. In some cases, the principal may stipulate that the proxy, or attorney-in-fact assumes control over the principal’s financial, legal or medical matters beyond the point where he’s incapacitated or disabled in any way (durable power of attorney).

Some other times, the powers of the agent are revoked as soon as the principal no longer has a sound sense of judgment or becomes physically incapacitated (durable power of attorney). Other types of power of attorney Oregon are medical power of attorney and springing power of attorney.

Unless given an ending date, the laws of the state assume that the Oregon power of attorney is durable. Most often than not, the powers of the agent become effective immediately the power of attorney form Oregon is signed in accordance with the provisions of the law.

After signing the Oregon power of attorney template, make your experience less intimidating.

Download power of attorney form Oregon template and delegate authority to someone to act in your name on various matters when you are absent or incapable.

Get your free copy of the template by clicking below.

What to Include in an Oregon Power of Attorney?

All Oregon power of attorney forms must contain the following:

  • Title of form
  • Date when the form was signed
  • Contact information of all signatories to the form
  • Signatures of principal and agent(s)
  • Special instructions highlighting specific powers granted to the agent, as well as limitations of such powers
  • Name and contact information of alternate agents, if any.

Why It Is Important to Use The Oregon Power of Attorney?

People should consider signing an Oregon power of attorney document if they:

  • wish to give someone broad authorization to act in their name on several matters whenever they are absent or are incapable.
  • need someone to represent them on particular matters they have no professional knowledge about, say tax-related or real estate transactions
  • work in a high-risk environment
  • are travelling out of the country for a while and need someone to make medical decisions for a dependent who is a minor
  • are prone to medical illnesses like dementia or Alzheimer’s.

Oregon Power of Attorney Requirements

There are no particular laws about signing in Oregon other than that the signing be acknowledged by a notary public. According to the dictates of the law, an Oregon power of attorney form does not become valid unless signed in the presence of a notary public or signed by at least two witnesses. These witnesses must also have attained the legal age of 18 years old.

In the case of a durable power of attorney, a principal is not regarded as incapacitated unless otherwise proven by a certified physician. This medical professional should state verbally that the principal can no longer make decisions on his/her own.

Chapter 127 of Oregon Laws explicitly states that:

  • The power of attorney becomes effective upon signing and remains valid till it is revoked by the principal
  • The agent’s powers remain valid even after the principal is declared financially incapable; and
  • The agent’s powers remain unaffected by the passage of time.

By being unaffected by the passage of time, the law recognizes the validity of the agent’s powers regardless of how long ago the document was created. In other words, a bank, for example, cannot refuse an agent the rights to act in the name of the principal because the document was created some forty years ago.

After signing the Oregon power of attorney template, make your experience less intimidating.

Download power of attorney form Oregon template and delegate authority to someone to act in your name on various matters when you are absent or incapable.

Get your free copy of the template by clicking below.

FAQs

  • How to revoke power of attorney in Oregon?</

    A principal can revoke a power of attorney anytime deemed fit. This revocation becomes effective once the principals:

    • Authorize a new durable power of attorney form; or
    • Authorize a power of attorney revocation form
  • How to obtain a power of attorney?

    A principal may obtain a power of attorney from an Oregon Bar or from an online website. A reputable platform like CocoSign for example offers several power of attorney forms for Oregon one can choose from.

    Regardless of the source, once the form reflects all the thoughts of the principal and is executed according to the provisions of the law, it is considered effective.

There are so many power of attorney forms online these days. But how many of them are in correspondence with Oregon Revised Statutes. On CocoSign, you not only find forms created in accordance with the laws of the state, but those with provisions for the peculiar needs of the principal.

DOCUMENT PREVIEW

OREGON DURABLE FINANCIAL POWER OF ATTORNEY

 

I, __________________, the principal, of __________________, State of __________________, hereby designate __________________, of __________________, State of __________________, my attorney-in-fact (hereinafter my “attorney-in-fact”), to act as initialed below, in my name, in my stead and for my benefit, hereby revoking any and all financial powers of attorney I may have executed in the past.

 

EFFECTIVE DATE

 

(Choose the applicable paragraph by placing your initials in the preceding space)

 

________ - A. I grant my attorney-in-fact the powers set forth herein immediately upon the execution of this document. These powers shall not be affected by any subsequent disability or incapacity I may experience in the future.

 

or

 

________ - B. I grant my attorney-in-fact the powers set forth herein only when it has been determined in writing, by my attending physician, that I am unable to properly handle my financial affairs.

 

POWERS OF ATTORNEY-IN-FACT

 

My attorney-in-fact shall exercise powers in my best interests and for my welfare, as a fiduciary. My attorney-in-fact shall have the following powers:

 

(Choose the applicable power(s) by placing your initials in the preceding space)

 

________ BANKING

 - To receive and deposit funds in any financial institution, and to withdraw funds by check or otherwise to pay for goods, services, and any other personal and business expenses for my benefit.  If necessary to effect my attorney-in-fact’s powers, my attorney-in-fact is authorized to execute any document required to be signed by such banking institution.

 

________ SAFE DEPOSIT BOX - To have access at any time or times to any safe-deposit box rented by me or to which I may have access, wheresoever located, including drilling, if necessary, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe-deposit box; and any institution in which any such safe-deposit box may be located shall not incur any liability to me or my estate as a result of permitting my attorney-in-fact to exercise this power.

 

________ LENDING OR BORROWING - To make loans in my name; to borrow money in my name, individually or jointly with others; to give promissory notes or other obligations therefor; and to deposit or mortgage as collateral or for security for the payment thereof any or all of my securities, real estate, personal property, or other property of whatever nature and wherever situated, held by me personally or in trust for my benefit.

 

________ GOVERNMENT BENEFITS - To apply for and receive any government benefits for which I may be eligible or become eligible, including but not limited to, Social Security, Medicare and Medicaid.

 

________ RETIREMENT PLAN - To contribute to, select payment option of, roll-over, and receive benefits of any retirement plan or IRA I may own, except my attorney-in-fact shall not have power to change the beneficiary of any of my retirement plans or IRAs.

 

________ TAXES - To complete and sign any local, state and federal tax returns on my behalf, pay any taxes and assessments due and receive credits and refunds owed to me and to sign any tax agency documents necessary to effectuate these powers.

 

________ INSURANCE - To purchase, pay premiums and make claims on life, health, automobile and homeowners' insurance on my behalf, except my attorney-in-fact shall not have the power to cash in or change the beneficiary of any life insurance policy.

 

________ REAL ESTATE

 - To acquire, purchase, exchange, lease, grant options to sell, and sell and convey real property, or any interests therein, on such terms and conditions, including credit arrangements, as my attorney-in-fact shall deem proper; to execute, acknowledge and deliver, under seal or otherwise, any and all assignments, transfers, deeds, papers, documents or instruments which my attorney-in-fact shall deem necessary in connection therewith.

 

________ PERSONAL PROPERTY - To acquire, purchase, exchange, lease, grant options to sell, and sell and convey personal property, or any interests therein, on such terms and conditions, including credit arrangements, as my attorney-in-fact shall deem proper; to execute, acknowledge and deliver, under seal or otherwise, any and all assignments, transfers, titles, papers, documents or instruments which my attorney-in-fact shall deem necessary in connection therewith; to purchase, sell or otherwise dispose of, assign, transfer and convey shares of stock, bonds, securities and other personal property now or hereafter belonging to me, whether standing in my name or otherwise, and wherever situated.

 

________ POWER TO MANAGE PROPERTY- To maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with any real or personal property, tangible or intangible, or any interests therein, that I now own or may hereafter acquire, in my name and for my benefit, upon such terms and conditions as my attorney-in-fact shall deem proper.

 

________ GIFTS -  To make gifts, grants, or other transfers (including the forgiveness of indebtedness and the completion of any charitable pledges I may have made) without consideration, either outright or in trust to such person(s) (including my attorney-in-fact hereunder) or organizations as my attorney-in-fact shall select, including, without limitation, the following actions: (a) transfer by gift in advancement of a bequest or devise to beneficiaries under my will or in the absence of a will to my spouse and descendants in whatever degree; and (b) release of any life interest, or waiver, renunciation, disclaimer, or declination of any gift to me by will, deed, or trust

 

________ LEGAL ADVICE AND PROCEEDINGS - To obtain and pay for legal advice, to initiate or defend legal and administrative proceedings on my behalf, including actions against third parties who refuse, without cause, to honor this instrument.

 

SPECIAL INSTRUCTIONS: On the following lines are any special instructions limiting or extending the powers I give to my attorney-in-fact (Write “None” if no additional instructions are given):

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

 

AUTHORITY OF ATTORNEY-IN-FACT: Any party dealing with my attorney-in-fact hereunder may rely absolutely on the authority granted herein and need not look to the application of any proceeds nor the authority of my attorney-in-fact as to any action taken hereunder. In this regard, no person who may in good faith act in reliance upon the representations of my attorney-in-fact or the authority granted hereunder shall incur any liability to me or my estate as a result of such act. I hereby ratify and confirm whatever my attorney-in-fact shall lawfully do under this instrument.  My attorney-in-fact is authorized as he or she deems necessary to bring an action in court so that this instrument shall be given the full power and effect that I intend on by executing it.

 

LIABILITY OF ATTORNEY-IN-FACT: My attorney-in-fact shall not incur any liability to me under this power except for a breach of fiduciary duty.

 

REIMBURSEMENT OF ATTORNEY-IN-FACT: My attorney-in-fact is entitled to reimbursement for reasonable expenses incurred in exercising powers hereunder, and to reasonable compensation for services provided as attorney-in-fact.

 

AMENDMENT AND REVOCATION: I can amend or revoke this power of attorney through a writing delivered to my attorney-in-fact. Any amendment or revocation is ineffective as to a third party until such third party has notice of such revocation or amendment.

 

STATE LAW: This Power of Attorney is governed by the laws of the State of Oregon.

 

PHOTOCOPIES: Photocopies of this document can be relied upon as though they were originals.

 

IN WITNESS WHEREOF, I have on this ____ day of __________________, 20____, executed this Financial Power of Attorney.

      

_________________________________________ 

Principal’s Signature

 

We, the witnesses, each do hereby declare in the presence of the principal that the principal signed and executed this instrument in the presence of each of us, that the principal signed it willingly, that each of us hereby signs this Power of Attorney as witness at the request of the principal and in the principal’s presence, and that, to the best of our knowledge, the principal is eighteen years of age or over, of sound mind, and under no constraint or undue influence.

 

________________________________________

Witness’s Signature     

 

________________________________________

Address

      

_________________________________________   

Witness’s Signature    

 

________________________________________

Address 

     

 

STATE OF __________________

 

__________________ County, ss.

 

 

 On this ____ day of __________________, 20____, before me appeared ____________________, as Principal of this Power of Attorney who proved to me through government issued photo identification to be the above-named person, in my presence executed foregoing instrument and acknowledged that (s)he executed the same as his/her free act and deed.

 

_________________________________________

     Notary Public 

 

      

My commission expires: ___________

 

    

 

On this ____ day of __________________, 20____, before me appeared ____________________, as Attorney-in-Fact of this Power of Attorney who proved to me through government issued photo identification to be the above-named person, in my presence executed the foregoing acceptance of appointment and acknowledged that (s)he executed the same as his/her free act and deed.

      

 

_________________________________________

     Notary Public 

      

My commission expires: ___________

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