Power of Attorney in Oregon

A written power of attorney is durable by default: unless it says otherwise, it takes effect when signed, is not affected by the passage of time, and continues if the principal becomes financially incapable. It may instead be made effective at a future time or event (such as incapacity). The power of attorney statutes do not set out a statutory form.

Oregon has a statutory advance directive form (ORS 127.529) and a separate form for appointing a health care representative (ORS 127.527). The form must be signed and either witnessed by at least two adults or notarized. A witness may not be the person's attending physician or health care provider, or the appointed health care representative or alternate. If the person is in a long-term care facility, one witness must be someone designated by the facility and qualified under state rules.

Oregon's statutes (ORS chapter 127) set out an official advance directive form for health care: an advance directive "must be in substantially the following form" (ORS 127.529), and the Oregon Health Authority posts the form. It must be signed by the principal and either witnessed and signed by at least two adults or notarized by a notary public. Witnesses may not be the principal's attending physician or attending health care provider, or the principal's appointed health care representative or alternate; if the principal lives in a long-term care facility, one witness must be a person designated by the facility (ORS 127.515). For finances, a power of attorney must be in writing and becomes effective when executed (ORS 127.005); the opened chapter text does not contain a statutory financial power of attorney form.