Laws
- Durable – A power of attorney document is durable unless it specifically mentions that it is “terminated by the incapacity of the principal.”[1]
- Incapacity – means a condition in which a person’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person’s physical health or safety. “Meeting the essential requirements for physical health and safety” means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur.
Financially incapable – means a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance. “Manage financial resources” means those actions necessary to obtain, administer and dispose of real and personal property, intangible property, business property, benefits and income.[2] - Signing Requirements – Oregon law does not establish signing requirements for powers of attorney. However, notarizing this document will help avoid questions of authenticity.
Sample