Powers of Attorney in Oregon

Other

Powers of Attorney • The Oregon statutes dealing with powers of attorney (“POAs”) are set forth in ORS 127.002-127.045 and ORS 93.670.

• Oregon recognizes both general and special powers of attorney. A power of attorney gives one person the right to act in the place of another for all purposes (general) or for specified purposes (special). However, unless otherwise provided in the power-of-attorney document, an attorney-in-fact or an agent “must use the property of the principal for the benefit of the principal.” ORS 127.045.

• A POA becomes effective when it is executed (unless a “springing” POA is intended), and the powers of the attorney-in-fact are not affected by the passage of time. ORS 127.005.

• The power of attorney is revoked when the death of the principal is known to the person acting on it, when a revocation of the power of attorney is filed in the office where it was originally recorded, or when the power of attorney specifies it is to be revoked. ORS 127.015(1)–(2), ORS 93.670(2).

• A power of attorney is durable; that is, it survives the incompetency of the principal unless the writing contains words stating otherwise. ORS 127.005(1).

• When a POA is used to transfer interests in Oregon real property, it is customary to record the original or a certified copy of the POA in the real property records of the county in which the real property is located. Having the POA recorded reduces the risk that the POA has been revoked by a physical act and that the attorney-in-fact has no continuing power to act. This is because, by statute in Oregon, once recorded, a POA cannot be revoked unless an instrument containing such revocation is also recorded in the same office. ORS 93.670.