Oregon Power of Attorney
Have you considered adding a few Oregon powers of attorney to your estate plan? Hopefully, after learning about them, you will visit Legal Zoom to get started. Durable powers of attorney are the first to add. These are the ones an Oregon estate planning attorney is going to want to see in your files. You will need one for your medical needs and one for your finances.
Durable powers of attorney remain effective even if you become mentally incapacitated. Non-durable, or normal powers of attorney are automatically void at that time. Your powers of attorney need to durable in order to take care of you when you are no longer able to do so yourself. It's not just old age that can cause this condition, an auto accident could leave you mentally unfit to make decisions for yourself. Durable powers of attorney are effective immediately and remain that way. It is possible, however, to designate your durable power of attorney to not start until you are pronounced incapacitated. This is called a springing durable power of attorney.
The two forms you want for your estate plan are the springing durable medical power of attorney and the springing durable financial power of attorney. These two documents will assure your health needs are taken care of and any financial matters can also be dealt with. You will need to assign an individual the power to handle these matters. In Oregon, that person is called an attorney-in-fact. Your attorney-in-fact can be anyone you trust, it does not have to be an attorney.
Most of the time the powers of attorney in your estate plan will have your spouse listed as the attorney-in-fact. This is normal, but keep in mind, these documents stay effective even if you get a divorce. While many states would automatically void these, OR does not. The best thing is to void these at the same time you file the divorce papers.
A non-durable general power of attorney is also a good addition to your estate plan. With your spouse listed on this document you are assured you both have access to all of your property deeds and bank accounts. A general power can also be granted to a trusted friend or family member if you are traveling and want the assurance that everything at home can be easily taken care of.
Another type of Oregon power of attorney are the ones for special, or limited powers. An Oregon motor vehicle power of attorney allows another person to sign a car title if you are unable to. The person responsible for taking care of your children could be given the authority to get medical assistance, if needed, with an Oregon power of attorney for children.
Oregon power of attorney forms are simple enough to fill out, an attorney is seldom needed. Don't hesitate to have them looked at by an attorney if you are at all unsure.
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