An Oregon limited power of attorney is a written document in which you, the principal, name an agent (also called an attorney-in-fact) to act for you on specific tasks only. Examples are selling a car or handling one financial matter. It is narrower than a general power of attorney. Use this Oregon limited power of attorney form to list those tasks, name your agent and print it for signing.
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A limited power of attorney in Oregon must be in writing.[2.1] Chapter 127 of the Oregon Revised Statutes then sets the timing rules: when the power starts and how long it lasts. Both appear in Section 127.005 of the Or. Rev. Stat., quoted below.
When a principal designates another person as an agent by a power of attorney in writing, and the power of attorney does not contain words that otherwise delay or limit the period of time of its effectiveness: (a) The power of attorney becomes effective when executed and remains in effect until the power is revoked by the principal or by the terms of the power of attorney, or until the authority of all agents under the power of attorney is terminated as provided in ORS 127.015.
In plain words, the timing rules come to two points:
Start date. The power of attorney takes effect when it is executed, unless it provides that it becomes effective at a future date or on a future event or contingency.[2.2]
End date. It stays in effect until the principal revokes it, until its own terms end it, or until the authority of every agent under it has ended.[2.2]
How to Fill Out the Oregon Limited Power of Attorney Form
To fill out the Oregon limited power of attorney form, start on page 1 with the principal and the agent. Then list the tasks the agent may handle and set the dates. The form has three pages, and the steps below follow its order. Download the free printable PDF or build the form online with the buttons above.
The screenshots under each step show the FormsPal Oregon limited power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
Principal and agent (page 1). In the opening paragraph, enter your name and address as the principal. Then enter the name and address of the person you appoint as your agent, also called the attorney-in-fact.Step 1: sample entries, not a real document.
Purpose(s) (page 1). Write each task your agent may handle on the lines under "limited purpose(s)." Be specific, such as one account, one piece of property or one transaction. The Special Instructions paragraph below limits the powers to these purposes and has nothing to fill in.Step 2: sample entries, not a real document.
Effective date (page 1). Initial one line. The first starts the power of attorney immediately. The second starts it on a date you write in the blanks.Step 3: sample entries, not a real document.
Termination date: written revocation (page 1). Under Termination Date, initial the first line if the power of attorney should end when you have signed a written revocation. The other termination options continue on page 2.Step 4: sample entries, not a real document.
Other termination options and successor agent (page 2). Initial the line to end the power of attorney on a date you write in, or the line to end it when you are determined to be incapacitated. Then fill in the Successor Attorney-in-Fact paragraph with your agent's name, the alternate agent's name and the alternate agent's address. The paragraph after it is printed text about third parties who rely on a copy and has nothing to fill in. Read it before you sign.Step 5: sample entries, not a real document.
Signed this ___ day: sign and date (page 2). Fill in the day, month and year on the "Signed this" line. Sign on the signature line and print your name below it.Step 6: sample entries, not a real document.
Acknowledgment: county, date and officer (page 3). Page 3 holds the acknowledgment, which opens with State of Oregon and a County line. Enter the county, the date, the name and title of the officer, and your name when you acknowledge your signature. The printed text says the officer verifies only the identity of the person who signed, not the truthfulness, accuracy or validity of the document.Step 7: sample entries, not a real document.
Officer's signature and seal (page 3). Page 3 ends with a Signature line and a (seal) mark. Both are for the notary public or other officer who completes the certificate, not for you.Step 8: sample entries, not a real document.
Write the purposes in plain words and limit each one to a single task. Your agent, and any bank or office asked to rely on the document, will read exactly what you wrote there.
How to Sign and Use the Oregon Limited Power of Attorney
After you fill in the Oregon limited power of attorney form, print all three pages and sign on page 2. Page 3 holds an acknowledgment that a notary public or other officer completes. Then share copies with the people who will rely on the document and keep the original somewhere safe.
Print and sign. Print the completed form, then sign and print your name on page 2.
Complete the acknowledgment. Take the form to a notary public or other officer, who fills in and signs the acknowledgment on page 3.
Share copies. Give copies to your agent, to the successor agent if you named one, and to the banks, offices or people who will ask for proof of the agent's authority.
Keep the original safe. Store it where you and your agent can find it.
End it when you need to. In practice, it helps to put the revocation in writing and tell your agent and everyone who holds a copy.
What an Oregon Agent Must Do
Oregon law tells the agent how to treat the principal's property. Unless the power of attorney provides otherwise, the agent must use the principal's property for the principal's benefit.[2.4] If a court appoints a conservator for the principal, the agent must account to the conservator instead of the principal for as long as the conservatorship lasts.[2.1]
Section 127.045 of the Or. Rev. Stat. puts the duty this way:
Unless otherwise provided in the power of attorney document, an agent must use the property of the principal for the benefit of the principal.
An agent should keep receipts and a simple record of every transaction made for the principal. A clear record makes it easy to show that the money was spent for the principal.
When an Oregon Limited Power of Attorney Ends
Under Section 127.015 of the Or. Rev. Stat., an agent's authority under a power of attorney ends when any one of the events below happens. The principal's death and a revocation are the most common.[1]
The principal dies.
The principal or the court revokes the power of attorney.
The agent dies, becomes financially incapable or incapacitated, or resigns.
An action is filed for the dissolution or annulment of the principal's marriage or registered domestic partnership to the agent, or for the separation of the principal and agent. A term of the power of attorney, an agreement of the parties or a court order can provide otherwise.
The power of attorney by its terms provides that it terminates.
Acts Done in Good Faith After the Power of Attorney Ends
A death or other ending event does not cancel the authority of an agent who acts in good faith without actual knowledge of that event.[1]
Any action taken that way binds the principal and the principal's heirs, devisees and personal representatives, unless the action is otherwise invalid or unenforceable.[1] If you revoke a limited power of attorney, it is common to tell your agent and every person who holds a copy, in writing.
Other Oregon Power of Attorney Forms
A limited power of attorney names the specific powers you give. If you need a different kind of document, such as one for health care or a vehicle, FormsPal has these Oregon forms:
These questions come up often with an Oregon limited power of attorney. Each answer follows Chapter 127 of the Oregon Revised Statutes or says where the statute is silent. They cover notarization, old documents, financial incapacity and conservators.
Does a power of attorney in Oregon need to be notarized?
Oregon has no statute that requires a power of attorney to be notarized. The FormsPal template still prints an acknowledgment on page 3 for a notary public or other officer to complete.
Can someone refuse an old Oregon power of attorney?
Not for age alone. A person may not refuse to recognize the agent's authority based solely on the passage of time since the power of attorney was signed.[2.3]
Who decides if the principal is financially incapable?
This matters when the power of attorney takes effect upon the principal becoming financially incapable. Any physician may make that determination in either case below. The physician's determination must be made in writing.[2.1]
The document names no one to make the determination.
None of the named people is willing or able to make it.
Can a conservator cancel a power of attorney in Oregon?
A conservator appointed for the principal has the same power the principal would have to revoke, suspend or terminate all or any part of the power of attorney.[2.1]
General information, not legal or tax advice.
Create a personalized Oregon Limited Power of Attorney Form online now!
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.
