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Oregon Durable Power of Attorney

Oregon durable power of attorney law is stated in Oregon Revised Statutes, Title 58, Chapter 1071 et seq.  A durable power of attorney is a type of power of attorney that will not be revoked if a principal is subsequently disabled or incapacitated.  According to Oregon laws all types of power of attorney are considered durable unless the writing shows that it will be revoked on a subsequent incompetence or disability of the principal.  The agent’s acts on behalf of the principal when the principal is incapacitated will have the same effect as if the principal was not incapacitated and will bind the principal as if not disabled.  However, if a conservator is appointed to the principal’s person and/or property, the agent will be accountable to the conservator than to the principal.

A durable power of attorney is revoked by knowledge of principal’s death or on express revocation.  However, the principal’s death does not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s death, and the agent’s actions will bind the principal and successors.  In such situations, the agent is required to produce an affidavit stating that the agent did not have actual knowledge of the principal’s death or revocation of the power of attorney.

A durable power of attorney should be recorded in the same manner a real property deed is recorded.

Inside Oregon Durable Power of Attorney