What happens if I do not create a power of attorney?

If you do not create a power of attorney in Oregon, you are giving up your right to make decisions for yourself when it comes to your medical care, financial decisions, and other important matters. Without a valid power of attorney in place, other people may not be able to act on your behalf. For example, if you become incapacitated and unable to make decisions for yourself, family members or other close friends may not be able to access your bank accounts or other important documents without a power of attorney in place. Without a power of attorney, family members may need to go through the time-consuming process of obtaining guardianship from the court in order to manage your affairs. This process is costly, can take several months, and could potentially lead to disputes among family members. Additionally, the court may not appoint the person you would have chosen to make decisions on your behalf. In Oregon, the law allows you to create either a statutory power of attorney or a durable power of attorney. Both of these documents give someone else the legal authority to make decisions on your behalf. An experienced elder law attorney can help you understand the differences between these types of documents, and advise you on which type of power of attorney would best fit your individual needs.

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