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In Oregon, a power of attorney is durable, which means that it continues to be effective if you become financially incapable. The agent's authority ends when you die. However, you can always revoke a power of attorney, as long as you understand what you are doing when you revoke it.
Despite its name, ?power of attorney? is not blindly choosing an attorney to have power over your entire legal and financial life. In fact, the process doesn't appoint a lawyer at all! A Power of attorney is a legal document that allows another person (referred to as an agent or attorney-in-fact) to act on your behalf.
Notarization Requirement While Oregon's power of attorney laws are silent on notarization, signing your POA in the presence of a notary public is very strongly recommended. Many financial institutions will not want to rely on a POA unless it has been notarized?a process that helps to authenticate the document.
Steps for Making a Financial Power of Attorney in Oregon Create the POA Using a Form, Software or an Attorney.Sign the POA in the Presence of a Notary Public.Store the Original POA in a Safe Place.Give a Copy to Your Agent or Attorney-in-Fact.File a Copy With the Recorder's Office.
Consulting an attorney may be as simple as calling the Oregon State Bar Referral and Information Service, at 503-684-3763, and asking them. They are able to refer you to a private attorney if it seems appropriate in your situation that you should consult one. They also have online information about Powers of Attorney.
How much might I typically need to pay for a lawyer to help me get a Power of Attorney form in Oregon? The cost of working with the average lawyer to draft a Power of Attorney might range anywhere between $200 and $500, based on your location.
While Oregon's power of attorney laws are silent on notarization, signing your POA in the presence of a notary public is very strongly recommended. Many financial institutions will not want to rely on a POA unless it has been notarized?a process that helps to authenticate the document.
Under Oregon law, someone must have special authority to act for another person. You accomplish this through a written document authorizing another person to act on your behalf. You must sign the document before you are incapacitated.
If your agent will engage in real estate transactions, the Power of Attorney must be signed before a notary public and recorded or filed with the county.
Do I need a lawyer to prepare a Power of Attorney? There is no legal requirement that a Power of Attorney be prepared or reviewed by a lawyer. However, if you are going to give important powers to an agent, it is wise to get individual legal advice before signing a complicated form.