Often this is done by adding the word “agent” or “attorney-in-fact” or the abbreviation “poa” after the agent’s name. How should the agent sign papers?Īccounts, agreements, and other papers should be in the name of the principal (the person who signed the power of attorney) and specify that the person who is signing the papers is acting as the agent for the principal. This approach may sound attractive, but getting proof that the person has become financially incapable can be difficult, and businesses and government agencies may be reluctant to rely on a determination of financial incapability. Under Oregon law, a person can sign a power of attorney that becomes effective at some point in the future, such as when the person who signed it becomes financially incapable. However, you can always revoke a power of attorney, as long as you understand what you are doing when you revoke it. In Oregon, a power of attorney is durable, which means that it continues to be effective if you become financially incapable. A power of attorney remains in effect during your lifetime unless you revoke it or unless there are specific limits in the power of attorney. How long does a power of attorney last?Ī power of attorney usually becomes effective when you sign it. No one will be monitoring what the agent does so it is important to choose agents whom you can trust. You can name alternate agents to serve in case the first agent is not able to or willing to act. You choose the agent, who is usually a family member or a friend. The attorneys at The Elder Law Firm prepare custom powers of attorney that reflect the client’s wishes and fit the client’s circumstances, either as a separate document or as part of an estate plan. However, the standard forms may not include powers that are important for your situation, such as the power to transfer assets to your spouse if you become ill and need Medicaid assistance or the power to pay family members who provide care. Most of the forms that are available in stores or online are for general powers of attorney. For example, you could give your agent the authority to sign on one bank account. A general power of attorney gives your agent the authority to take a wide range of actions for your benefit, such as buying and selling property, paying bills, making investments, and managing bank accounts. The durable financial power of attorney lists the authority that you are giving to your agent. If you want to authorize someone to make health care decisions for you, you should sign an advance directive for health care. A durable financial power of attorney does not include the authority to make medical decisions. When you sign a durable financial power of attorney, you authorize someone else (called the agent or the attorney-in-fact) to manage your finances and to conduct business for you. In Oregon, “power of attorney” usually means a durable financial power of attorney.
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