Power of attorney, health care directive and guardianship in Oregon

Financial power of attorney in Oregon

Law and official form

Law

Powers of Attorney

Uniform Power of Attorney Act

No

Law: ORS 127.002-127.045

Signing rules

How to sign

Oregon's power of attorney statutes require a power of attorney in writing but do not set witness or notary requirements. A power of attorney that will be used to sell or transfer land must be acknowledged before a notary to be recorded.

Law: ORS 93.670

Who signs

A written power of attorney signed by you (the principal).

Notary

Not required

Witnesses

None required

Law: ORS 127.005

Durable and springing

Is it durable?

Unless the document says otherwise, a written power of attorney takes effect when signed, is not affected by the passage of time, and keeps working even if you become financially incapable.

Law: ORS 127.005(1)

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

A power of attorney can say it starts at a future time or on a future event, such as your becoming financially incapable. It can name who decides whether that has happened and how. If it names no one, or no named person is willing or able, any physician can make the determination in writing.

Law: ORS 127.005(2), (3)

Agent duties, pay and court review

Agent duties

• Unless the power of attorney says otherwise, use your property for your benefit
• Account to your conservator, if one is appointed

Asking a court to review an agent

If a conservator is appointed, the agent must account to the conservator, who has the same power you would have to revoke, suspend or end all or part of the power of attorney. A court may also revoke the power of attorney when it appoints a conservator.

Law: ORS 127.005(5), 127.015(2)

Law: ORS 127.005(5), 127.045

When it ends and how to revoke it

It ends when

• You die
• You or a court revoke it
• The agent dies, becomes financially incapable or incapacitated, or resigns
• The power of attorney says it ends
• An action is filed to dissolve or annul your marriage or registered domestic partnership with the agent, or for your legal separation, unless the document, an agreement or a court order says otherwise
• A court revokes it when it appoints a conservator for you

Divorce ends a spouse's authority

Yes · Divorce rules in Oregon (Divorce Law Map)

How to revoke

You can revoke your power of attorney. Oregon's statute does not set a required method; any revocation terms in the document itself still apply.

Telling others

Tell the agent and every bank or business that has a copy. A person who has not received actual notice of the revocation is not liable for relying on the power of attorney, and an agent who acts in good faith without actual knowledge of your death or another ending event still binds you.

If it was recorded

If the power of attorney was recorded with a county clerk, a revocation is not effective for that recorded power unless the revocation document is also recorded in the same county clerk's office.

Law: ORS 93.670(2)

Law: ORS 127.015; ORS 127.015, 127.035, 93.670(2)

Banks, other states and real estate

Banks and other businesses

A person may not refuse to recognize an agent's authority just because time has passed since the power of attorney was signed. A person who reasonably relies in good faith on the agent's authority is not liable to others and does not have to make sure the agent uses the money properly. The statutes do not require banks to accept a power of attorney or set penalties for refusal.

Law: ORS 127.025; ORS 127.035

Real estate

To be recorded with the county clerk where the land is, a power of attorney to convey land must be acknowledged or proved in the same way as a deed. Once recorded, it can be read in court as evidence without further proof.

Law: ORS 93.670(1)

Health care directive in Oregon

The document and its form

Document

Oregon Advance Directive for Health Care

Official form

Oregon Advance Directive for Health Care (ORS 127.529) and Form for Appointing Health Care Representative and Alternate Health Care Representative (ORS 127.527)Published by Oregon Health AuthorityVersion: OHA 3905, revision code 01/04/2022 printed in the footer; text from Senate Bill 199 (2021), Oregon Laws 2021 chapter 328

Living will

Sections 3 and 4 of the Oregon Advance Directive for Health Care

Part of the directive.

Oregon does not use a separate living will form. In the advance directive you write your values, beliefs, goals and wishes for care, and you may attach extra pages, which become part of the directive. The advance directive is not a POLST medical order.

Law: ORS 127.515, 127.527, 127.529; ORS 127.505(2), 127.529

Signing rules

How to sign

Sign the advance directive and either have two qualified adults witness it and sign, or have it notarized. Your health care representative's appointment takes effect only when they accept it, for example by signing the acceptance section.

Who signs

Signed by you (a capable adult).

Notary

A notary or witnesses (your choice)

Witnesses

2 (instead of a notary)

Who cannot witness

Two adults must witness you signing, or you acknowledging your signature. On the date you sign, a witness may not be your attending physician or attending health care provider, or your health care representative or alternate health care representative.

Nursing facilities and special settings

If you use witnesses and you are a patient in a long term care facility when you sign, one witness must be a person designated by the facility and qualified under Department of Human Services rules.

Law: ORS 127.510, 127.515, 127.525

Who can be your agent and what the agent can do

Who cannot be your agent

Unless related to you by blood, marriage or adoption, these people cannot be your health care representative: your attending physician or attending health care provider or their employee; an owner, operator or employee of a health care facility where you are a patient or resident (unless you appointed them before you were admitted). A parent or former guardian is also barred if a juvenile court removed you from their care or terminated their parental rights. You can disqualify anyone in a signed writing.

Law: ORS 127.520

When the agent starts

Your health care representative can make decisions only when you are incapable, and only after accepting the appointment. The appointment lasts until you die or revoke it, unless you set a shorter period.

Law: ORS 127.510, 127.535

Decisions an agent cannot make

A health care representative cannot consent to convulsive treatment, psychosurgery, sterilization or abortion. They cannot withhold or withdraw life-sustaining procedures unless you gave that authority or you are medically confirmed to be in one of the listed end-of-life conditions, and there are limits on withdrawing tube feeding. If you object to withholding or withdrawing life support, your objection controls.

Law: ORS 127.535(5), 127.540

Revoking and conflicting documents

Revoking your agent

A capable adult can revoke an advance directive or a representative's decision at any time and in any manner. Signing a new appointment form revokes the earlier one, unless it says otherwise.

Revoking your instructions

A decision to withhold or withdraw life support or tube feeding can be revoked at any time in any way you can communicate it, even if you are not capable. Revocation takes effect when you tell your attending physician or provider or your health care representative.

Telling others

If you tell your health care representative while you are incapable, the representative must promptly inform your attending physician or provider, who must put the revocation in your medical record.

Divorce ends a spouse's authority

Yes · Divorce rules in Oregon (Divorce Law Map)

Conflicting documents

Unless the document says otherwise, a new advance directive revokes earlier ones. If an advance directive and a separate appointment form conflict, the one signed last controls. A declaration for mental health treatment controls over an advance directive where they conflict.

Law: ORS 127.545(4)-(6)

Law: ORS 127.545

If you have no directive

Who decides without a directive

This list applies to decisions to withhold or withdraw life-sustaining procedures when you are incapable, have no appointed health care representative or valid advance directive, and are medically confirmed to be in one of the listed end-of-life conditions. If no one is available, the attending physician or provider decides. The person chosen must first consult concerned family and close friends. For other medically necessary care in a hospital, a hospital may appoint a trained health care provider to give informed consent.

Law: ORS 127.760

1. A guardian authorized to make health care decisions
2. Spouse
3. An adult chosen by the others on this list, if none of them objects
4. A majority of adult children who can be located
5. Either parent
6. A majority of adult siblings who can be located
7. Any adult relative or adult friend

Law: ORS 127.635, 127.760

Other states, registry and medical orders

Signed in another state

An advance directive or appointment made by a resident of another state that follows that state's law, the law of the place where it was signed, or Oregon law is valid in Oregon.

Law: ORS 127.515(6)

POLST (medical orders)

POLST (physician order for life-sustaining treatment), with a statewide POLST Registry run by the Oregon Health Authority

Mental health directive

You can make a Declaration for Mental Health Treatment and name an attorney-in-fact for mental health decisions. It must be signed with two competent adult witnesses or notarized. A witness cannot be your attending physician or provider or their relative, an owner or operator of your facility or their relative, your relative by blood, marriage or adoption, or the attorney-in-fact you name. It lasts three years unless revoked, and longer if you are incapable at that time. Where it conflicts with an advance directive, it controls.

Law: ORS 127.702, 127.707; ORS 127.545(6)

Law: ORS 127.663, 127.666

Guardianship and conservatorship in Oregon

What guardianship or conservatorship is

What it is called

Guardian, conservator, temporary fiduciary (protective proceedings)

When a court may appoint one

A guardian can be appointed only if the court finds by clear and convincing evidence that the adult is incapacitated (their ability to receive and evaluate information or communicate decisions is so impaired that they cannot meet essential needs for physical health or safety) and that a guardian is needed for continuing care and supervision. The order must be no more restrictive than reasonably necessary and must encourage maximum self-reliance and independence. A conservator can be appointed if the adult is financially incapable and has money or property that needs management or protection.

Law: ORS 125.005, 125.300, 125.305, 125.400

Kinds

• Guardian
• Conservator
• Temporary fiduciary (up to 30 days, extendable once by 30 days)
• Other protective orders in place of a fiduciary

Law: ORS 125.005, 125.010, 125.055, 125.300, 125.305, 125.400, 125.600

Who can ask, which court and your own choice

Who may ask

Any person interested in the affairs or welfare of the adult (the 'respondent') may file a petition.

Law: ORS 125.010

Court

Circuit court, in some counties a county court exercising probate jurisdiction.

Choosing your own

The court appoints the most suitable willing person, considering any stated desire of the respondent and family relationships. A valid health care representative appointment overrides a court-appointed guardian's health care powers unless the court orders otherwise.

Law: ORS 125.200; ORS 127.545(5)

Effect on a power of attorney

If a conservator is appointed, the agent under your power of attorney accounts to the conservator instead of you, and the conservator can revoke, suspend or end all or part of it. The court may revoke the power of attorney when it appoints a conservator.

Law: ORS 127.005(5), 127.015(2)

Cost, fee waiver and forms

Filing fee

$124 filing fee for a guardianship petition. Conservatorship filing fees depend on the estate: $278 (under $50,000), $591 ($50,000 to under $1 million), $882 ($1 million to under $10 million), $1,176 ($10 million or more). A petition asking for both pays the single highest applicable fee. Each court also sets a fee for the court visitor; Columbia County's packet lists $400.

Law: ORS 21.145, 21.175; ORS 21.180; ORS 125.055(1)(b); ORS 125.170

Fee waiver

A judge may waive or defer filing fees and court costs if you cannot pay.

Law: ORS 21.682

Forms

• Columbia County Circuit Court: Filing for Adult Guardianships under ORS 125 (packet with petition, notices and judgment forms)

Steps

Steps

Other options and where to report abuse

Less restrictive options

• Power of attorney: Names an agent for money and property; it keeps working after incapacity unless it says otherwise.
• Advance directive / health care representative: Names a person to make health care decisions and records your wishes.
• Declaration for mental health treatment: Records mental health treatment choices and can name an attorney-in-fact.
• Other protective order instead of a fiduciary: The court can enter a narrower protective order in place of appointing a guardian or conservator.

Report abuse or exploitation

Oregon Department of Human Services abuse hotline (older adults and vulnerable adults) · 1-855-503-7233

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Good to know in Oregon

• Oregon's power of attorney law is short: it sets no witness or notary rule and has no statutory form; a power of attorney is durable unless it says otherwise.

  Law: ORS 127.005

• Filing for divorce, annulment or separation ends a spouse-agent's authority under a financial power of attorney unless the document, an agreement or a court says otherwise.

  Law: ORS 127.015

• The Oregon advance directive must be in substantially the statutory form adopted by Senate Bill 199 (2021), and your health care representative must accept the appointment.

  Law: ORS 127.510, 127.529

• In a long term care facility, one witness to an advance directive must be someone the facility designates.

  Law: ORS 127.515(5)

Changes in 2024–2026

No 2024-2026 changes to the power of attorney sections (ORS 127.002-127.045; last 2023 c.9 to definitions) or to the advance directive execution sections in the 2025 ORS edition. Recent changes: 2023 c.11 changed declaration for mental health treatment witness rules and form, with more changes by 2025 c.559; 2024 c.73 updated POLST definitions; 2025 c.224 amended guardian powers; 2025 c.144 added court visitor immunity. The advance directive form itself was replaced by SB 199 (2021 c.328).

Law: ORS 127.707; 127.736; 127.711, 127.736; 127.663; ORS 125.315; 125.167

Questions about powers of attorney in Oregon