What the rule says
Oregon's POA framework is codified at Or. Rev. Stat. § 127.005 et seq. Oregon has not adopted the comprehensive Uniform Power of Attorney Act with default durability. Instead, Oregon retains express durability language requirements similar to California, Texas, NJ, MI, MA, and AZ.
Express durability
Under Or. Rev. Stat. § 127.005, a power of attorney is durable only if the document includes specific language showing intent for the POA to continue despite incapacity. Without express durability language, the POA terminates at incapacity.
Specific powers
Under Oregon law, certain significant powers (gifts, beneficiary changes, trust modifications) typically require express authorization in the POA.
Execution requirements
A valid Oregon POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare power of attorney is separate
Oregon separates property and healthcare frameworks. Healthcare decisions require a separate Oregon Advance Directive under Or. Rev. Stat. § 127.505 et seq.
What happens without a POA
If an Oregon resident becomes incapacitated without an executed durable POA, the family must seek conservatorship or guardianship under Or. Rev. Stat. § 125.005 et seq.
What you can do about it
For Oregon residents:
- Execute a durable POA with express durability language. - Acknowledge before a notary. - Specifically grant any significant powers. - Designate a successor agent. - Coordinate with the Advance Directive. - Update older POAs.
Who this affects most
Oregon's POA framework is most consequential for Oregon adults without executed POAs and households with non-durable POAs that fail at the moment of need.