What is a durable power of attorney?
A durable power of attorney is a legal document that allows a person to appoint another person, known as an attorney-in-fact or agent, to act on their behalf in the event that they become incapacitated or are otherwise unable to act for themselves. In Oregon, this document should be written and signed in accordance with the power of attorney provisions of the Oregon Revised Statutes. The durable power of attorney comes into effect only if the grantor is unable to manage their own affairs due to incapacity or disability, and the document allows the attorney-in-fact to manage the grantor’s finances and legal matters. Depending on the level of authority granted, the attorney-in-fact may be able to make medical decisions, gifts, contracts, and manage banking accounts. When executed, the durable power of attorney must be witnessed by two people and notarized. The document must also list the powers and abilities that are granted to the attorney-in-fact and the restrictions on that authority. It is important that the grantor understands that the document may become effective immediately upon signing. In Oregon, a durable power of attorney is a powerful legal document that can be used to ensure that the grantor’s wishes are carried out even if they are unable to do so personally. It is important to seek legal advice before writing and signing such a document.
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