- Types of Power of Attorney in Oregon
- How to Get a Power of Attorney in Oregon
- Oregon Power of Attorney Requirements
- Oregon Power of Attorney Sample
- FAQs About Oregon Power of Attorney Forms
Oregon Power of Attorney
Types of Power of Attorney in Oregon
There’s more than one type of Power of Attorney in Oregon and selecting the correct type can be critical. Each kind offers different types of powers to an Attorney-in-Fact (also known as an Agent). Therefore, you must create the right class of document, in order for your POA to work as intended.
The most common kinds of POA available in OR include the following examples:
Durable:Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
Limited: A Limited Power of Attorney lets a Principal grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
Vehicle (DMV): A Vehicle Power of Attorney (or DMV POA) gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
Springing: A springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.
Minor (Child) Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Oregon’s tax office.
How to Get a Power of Attorney in Oregon
AnOregon Power of Attorney can be filled-in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.
Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.
Also, some pre-prepared forms for Vehicle POAs can be obtained directly from a Oregon DMV site. However, it is recommended to seek the help of an attorney in order to fill the document properly.
Oregon Power of Attorney Requirements
To comply with OR law you’ll need to complete your Power of Attorney form and ensure that it is correctly signed. There are a number of rules that control how this should be done.
Firstly, the people signing the POA must all be legally able to sign a contract. This means they should be able to demonstrate that:
They are over 18 years old
They are sound of mind
They understand the agreement being signed
If the Agent is a financial institution, they must have trust powers and a registered place of business within Oregon.
The document itself must also be signed in a way that’s legally compliant with Oregon state statutes. Under OR legislation, this must be done in the following way:
Both the Principal and the Agent must sign
The signing must be viewed by 2 witnesses who must also sign
A notary public must also be present at the signing to notarize the document, and must sign it too
Be aware, that once the POA document is completed and signed, there are still some steps you’ll need to take if you plan to manage real estate in Oregon. You’ll need to register the document with the local clerk of the county where the property is located within 30 days of signing. An OR Real Estate POA must also be acknowledged before a notary public.
Read more about OR Power of Attorneys in the Oregon statutes.
Oregon Power of Attorney Sample
Creating and putting a Power of Attorney into action in Oregon is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document. Our sample OR Power of Attorney below can help you understand the details included in this legal arrangement a little better.
FAQs About Oregon Power of Attorney Forms
It is important to have a good understanding of what Oregon Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.
Where Can I Get a Power of Attorney in Oregon?
How to Sign as a Power of Attorney?
Once an Oregon POA is signed and notarized, it can be used by the Agent to carry out duties for the Principal. In order to prove they have the authority to act for the Principal, the Attorney-in-Fact must bring the signed copy of the agreement to the place where they will sign a document on the appointing individual’s behalf.
The Agent must then sign their name on the signature line for the signee and must print their own name next to the name of the Principle on the form. They must also indicate that they are signing on behalf of the Principle as their Power of Attorney.
Does a Power of Attorney in Oregon Need to Be Notarized?
No, OR Powers of Attorney don’t require a notary public to oversee the signing of the document by the Principal and Agent. Instead, 2 witnesses must also be present when the document is signed in order to legally validate it.