How to revoke a power of attorney in Oregon

Words used in Oregon

In Oregon you name an agent for money and property in a power of attorney, and a health care representative in the Oregon Advance Directive for Health Care (or the shorter appointment form). If an adult cannot manage and has no documents, a circuit court can appoint a guardian, a conservator, or both.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property

Power of attorney (financial power of attorney)

The person you choose

Agent

Health care

Oregon Advance Directive for Health Care; Form for Appointing Health Care Representative

Treatment wishes

Instructions in sections 3 and 4 of the Oregon Advance Directive for Health Care (your values, beliefs and wishes)

Court-appointed decision-maker

Guardian (personal and health decisions) and conservator (money and property); together called 'fiduciaries' in a 'protective proceeding'

What Oregon law says about revoking a power of attorney

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, 127.035, 93.670(2)

Source: Official text

Free letter: revoke a power of attorney

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

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

Law: ORS 127.015

Related rules in Oregon

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

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

Free help in Oregon

• Oregon Law Help (legal aid information and directory)
• Legal Aid Services of Oregon
• Oregon Health Authority: Advance Directive Forms and User's Guide
• Oregon Judicial Department (Columbia County): Adult guardianship filing packet

Report abuse or exploitation

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

More for Oregon

• Everything about powers of attorney in Oregon
• Power of attorney
• Health care directive
• Guardianship
• Signing checklist
• How to revoke a power of attorney
• Agent duties