Oregon Estate Planning Documents

A durable financial power of attorney is a legal document that allows you to appoint someone you trust to manage your financial affairs if you become unable to do so yourself. Depending on the authority you grant, your agent may be able to pay bills, manage investments, handle banking transactions, buy or sell real estate, operate a business, file taxes, and manage other financial matters.

The term "durable" means the document generally remains effective even if you later become incapacitated. Without a durable financial power of attorney, your loved ones may need to petition the court for a conservatorship before they can manage your finances.

In Oregon, a durable financial power of attorney can become effective immediately upon signing or only upon a future event, depending on how it is drafted. Many people choose an immediately effective power of attorney because it allows their agent to assist with financial matters as needed while they remain capable. Others prefer a "springing" power of attorney that becomes effective only if they become incapacitated.

You may authorize your financial power of attorney to handle a broad range of financial matters or limit the authority to specific tasks. Depending on your wishes, your agent may have authority to:

• Manage bank accounts
• Buy or sell real estate
• Handle investment accounts
• File tax returns
• Operate a business
• Pay bills
• Apply for government benefits
• Manage retirement accounts (subject to applicable law)
• Update your estate planning documents

Your financial agent should be someone you trust completely. Because this person may have significant authority over your finances, honesty, sound judgment, and financial responsibility are essential. Many people appoint a spouse, adult child, sibling, or close friend. Others select a professional fiduciary when family dynamics are complicated. Choosing someone who will faithfully carry out your wishes and act in your best interests is crucial.

Yes. As long as you have legal capacity, you may generally revoke or replace your durable financial power of attorney at any time.

A medical power of attorney allows you to appoint someone to make health care decisions on your behalf if you are unable to communicate or make those decisions yourself. Your health care representative may work with physicians, review treatment options, consent to or refuse medical treatment consistent with your wishes, and advocate for your preferences when you cannot speak for yourself.

Not always. While spouses are often consulted by health care providers, there may be circumstances where additional legal authority is helpful or necessary. This is especially true for relationships recognized by the State of Oregon but not necessarily elsewhere in the United Statese.

Yes. You may name alternate representatives, and in some situations you may appoint co-representatives if appropriate. However, naming multiple individuals to serve simultaneously can occasionally create practical difficulties if they disagree. Many people choose one primary representative and one or more backups to ensure someone is available if needed.

A HIPAA Authorization is a legal document that permits designated individuals to access your protected medical information. Without appropriate authorization, federal privacy laws may prevent health care providers from sharing information with family members, even when they are trying to help. A HIPAA Authorization often allows your agent(s) to:

• Speak with your doctors
• Obtain medical records
• Discuss treatment
• Coordinate care
• Assist with insurance matters

Although a HIPAA Authorization does not authorize medical decision-making by itself, it often works together with your other documents to ensure your loved ones have the information they need.

Usually, yes. While an Advance Directive appoints someone to make medical decisions if you become incapacitated, a HIPAA Authorization can allow designated individuals to access medical information even before that authority becomes necessary. The two documents serve different but complementary purposes. Including both in your estate plan can help reduce delays, confusion, and communication problems during a medical emergency.

An Advance Directive or Living Will is a legal document that expresses your wishes regarding life-sustaining treatment.

Advance Directives help ensure that your personal values are announced, even if you cannot communicate those wishes yourself.

An Advance Directive allows you to express your wishes regarding life-sustaining medical treatment and other important health care decisions. Depending on your preferences, you may provide guidance regarding:

• Artificial nutrition and hydration
• Life support
• Cardiopulmonary resuscitation (CPR)
• Mechanical ventilation
• Comfort-focused care
• Organ and tissue donation
• Other end-of-life preferences

Yes. As long as you have legal capacity, you may generally revoke or update your Advance Directive whenever your wishes change.

A Delegation of Parental Authority allows a parent to temporarily authorize another trusted adult to exercise certain parental powers on behalf of their child. This document can be particularly helpful when parents are traveling, deployed, experiencing a medical emergency, or temporarily unable to care for their children.

Depending on the circumstances, the delegated authority may include decisions relating to education, medical care, extracurricular activities, and other aspects of the child's daily care.

A Delegation of Parental Authority does not permanently transfer parental rights or create a guardianship. Instead, it provides temporary legal authority while allowing the parent to retain their parental rights.

Parents should consider a Delegation of Parental Authority whenever another trusted adult may need to care for their child for an extended period of time. Common situations include:

• Extended travel
• Military deployment
• Serious illness
• Temporary work assignments
• Recovery after surgery
• Family emergencies

Having a Delegation of Parental Authority in place can help ensure caregivers are able to make important day-to-day decisions without unnecessary delays or legal uncertainty.

No. A Delegation of Parental Authority is intended to be a temporary arrangement. It does not terminate parental rights, establish permanent custody, or replace a court-appointed guardianship. Parents generally retain their legal rights and responsibilities while authorizing another trusted adult to act on the child's behalf for a limited period of time.