Yes, a power of attorney may be written so that it only becomes effective at a specified future date or on the occurrence of a specified future event, like the principal becoming incapacitated or financially incapable.^[1]

Oregon law does not explicitly establish signing requirements for this type of document. However, having the principal’s signature acknowledged before a notary public can help avoid any future challenges to its authenticity.

“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]