1. Appointment of Agent
I appoint [[Agent Full Legal Name]] of [[Agent Full Address, City, County, Oregon, ZIP]] (the "Agent") as my true and lawful attorney-in-fact to act for me and in my name, place, and stead.
If [[Agent Full Legal Name]] is unable or unwilling to serve or to continue serving, I appoint [[Alternate Agent Full Legal Name]] of [[Alternate Agent Full Address, City, County, Oregon, ZIP]] as Alternate Agent with the same powers and authority.
2. Durability
This Power of Attorney shall not be affected by my subsequent disability, incapacity, or incompetence. This Power of Attorney is intended to be a durable power of attorney under the laws of the State of Oregon, specifically ORS 127.005 et seq.
3. Effective Date and Duration
This Power of Attorney shall become effective immediately upon my execution of this instrument and shall remain in full force and effect until it is revoked by me in a writing delivered to the Agent or until my death, whichever occurs first.
4. Powers Granted
The Agent is authorized to do any and all acts and things on my behalf that I could do if personally present, with full power of substitution and revocation, including without limitation the powers enumerated below. These powers are intended to be broadly construed.
4.1 Real Property Powers
- Purchase, sell, exchange, lease for any term, mortgage, encumber, manage, repair, improve, subdivide, and develop any real property or interest in real property in which I now have or may hereafter acquire an interest.
- Execute, acknowledge, and deliver deeds, mortgages, deeds of trust, leases, assignments, releases, satisfactions, and any other instruments affecting title to real property.
- Obtain title insurance, surveys, appraisals, and zoning approvals.
- Handle condemnation proceedings and eminent domain matters.
4.2 Personal Property and Tangible Assets
- Buy, sell, lease, exchange, pledge, or otherwise dispose of any personal property, tangible or intangible.
- Collect, receipt for, and manage rents, royalties, dividends, interest, and other income from any source.
- Insure, store, ship, repair, and maintain personal property.
- Execute bills of sale, security agreements, and financing statements under the Uniform Commercial Code.
4.3 Banking, Financial Accounts, and Credit
- Open, maintain, modify, and close checking, savings, money market, brokerage, and other financial accounts in my name.
- Make, endorse, and negotiate checks, drafts, promissory notes, and other negotiable instruments.
- Make withdrawals, transfers, and electronic payments.
- Apply for, obtain, use, and repay credit cards, lines of credit, and loans in my name for my benefit.
- Access safe deposit boxes and vaults.
4.4 Investments, Securities, and Retirement Accounts
- Buy, sell, exchange, tender, convert, and manage stocks, bonds, mutual funds, options, commodities, and other securities and investment instruments.
- Exercise all voting, subscription, conversion, and other rights incident to ownership.
- Establish, fund, manage, rollover, and withdraw from IRAs, 401(k)s, pensions, and other retirement, profit-sharing, and deferred compensation plans.
- Direct investment advisors and custodians.
4.5 Contracts, Claims, and Legal Proceedings
- Make, execute, modify, perform, and terminate contracts, agreements, and undertakings of every kind.
- Institute, prosecute, defend, settle, compromise, arbitrate, and appeal any claims, actions, suits, or proceedings in any court or administrative agency.
- Retain, direct, compensate, and discharge attorneys, accountants, appraisers, and other professionals.
- Execute releases, settlements, and indemnity agreements.
4.6 Tax and Government Matters
- Prepare, sign, file, and amend federal, state, local, and foreign income, gift, estate, property, and other tax returns and reports.
- Represent me before the Internal Revenue Service, Oregon Department of Revenue, and any other tax or regulatory authority.
- Receive tax refunds, make tax payments, and enter into installment agreements or offers in compromise.
- Obtain licenses, permits, and government benefits on my behalf.
4.7 Insurance and Annuities
- Purchase, maintain, modify, surrender, or terminate life, health, property, liability, and other insurance policies.
- Designate or change beneficiaries where permitted.
- File claims and collect proceeds.
4.8 Business Entities and Interests
- Organize, operate, manage, buy, sell, or liquidate any sole proprietorship, partnership, limited liability company, corporation, or other business entity in which I have an interest.
- Execute operating agreements, bylaws, shareholder agreements, and filings with state agencies.
- Vote interests and execute consents.
4.9 Digital Assets, Electronic Communications, and Online Accounts
- Access, control, manage, download, delete, transfer, and dispose of my digital assets, including email, social media accounts, cloud storage, digital photographs, cryptocurrency wallets, domain names, online banking, and any other digital property or accounts.
- Exercise rights under the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in Oregon (ORS Chapter 119).
- Provide lawful consent to custodians for disclosure of contents.
4.10 Gifts and Transfers
The Agent may make gifts of my property to individuals or charities only to the extent expressly authorized in a separate written instrument or to the extent necessary to qualify me for government benefits or to carry out my established pattern of gifting. The Agent may not make gifts that would alter my estate plan without court approval or my prior written direction.
4.11 Health Care Decisions - Limitation
This Power of Attorney does not grant authority to make health care decisions, consent to medical treatment, or access protected health information under HIPAA. A separate Advance Directive for Health Care or Durable Power of Attorney for Health Care compliant with ORS 127.505 et seq. must be executed for those purposes.
5. Agent's Standard of Care and Fiduciary Duties
The Agent shall:
- Act solely in my best interests.
- Act in good faith.
- Exercise the degree of care, competence, and diligence that a prudent person would exercise in similar circumstances.
- Keep accurate and complete records of all actions taken and transactions made.
- Provide an accounting to me upon request and to any court or successor fiduciary as required by law.
The Agent is not authorized to commingle my funds with the Agent's own funds.
6. Compensation, Reimbursement, and Indemnification
The Agent is entitled to reasonable compensation for services performed under this Power of Attorney, the amount of which may be set by me in writing or determined under Oregon law.
The Agent shall be reimbursed from my assets for all reasonable expenses properly incurred in the performance of duties under this Power of Attorney, including travel, legal, accounting, and storage costs.
I agree to indemnify and hold harmless the Agent from any liability arising from good-faith actions taken under this Power of Attorney, except for the Agent's own willful misconduct or gross negligence.
7. Third-Party Reliance and Protection
Any third party (including banks, brokers, title companies, government agencies, and courts) who receives an original or certified copy of this Power of Attorney may rely on it without further inquiry as to the authority of the Agent or the validity of this instrument.
No third party shall incur liability for acting in good-faith reliance on this Power of Attorney unless the third party has received actual written notice that this Power of Attorney has been revoked or is otherwise invalid.
8. Revocation
I retain the right to revoke this Power of Attorney at any time, with or without cause, by delivering a written instrument of revocation signed by me to the Agent and, where practicable, to any third parties who have received a copy. Revocation shall be effective upon delivery to the Agent unless otherwise stated in the revocation.
9. Nomination of Conservator or Guardian
If a court determines that a conservator or guardian of my estate or person is needed, I nominate the Agent named herein (or the Alternate Agent) to serve in that capacity, to the extent permitted by Oregon law.
10. Governing Law
This Power of Attorney shall be governed by, and construed and enforced in accordance with, the laws of the State of Oregon, including but not limited to ORS 127.005, ORS 127.015, ORS 127.045, and the Revised Uniform Fiduciary Access to Digital Assets Act (ORS Chapter 119), without regard to conflicts of law principles.
11. Severability
If any provision of this Power of Attorney is held to be invalid, void, or unenforceable by a court of competent jurisdiction, the invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent required to make it valid and enforceable.
12. Ratification of Acts
I hereby ratify, confirm, and declare valid all lawful acts performed by the Agent or any successor agent under the authority granted in this Power of Attorney.
13. Headings and Construction
Headings are for convenience only and shall not affect interpretation. References to "ORS" mean the Oregon Revised Statutes as amended from time to time.
14. Execution
I, [[Principal Full Legal Name]], the Principal, sign my name to this instrument on [[Execution Date]] at [[City, Oregon]], and declare that this instrument is my Durable Power of Attorney and that I sign it as my free and voluntary act.
_____________________________________________
[[Principal Full Legal Name]], Principal
15. Witness Signatures (Recommended)
The Principal signed or acknowledged this instrument in our presence. We believe the Principal to be of sound mind and acting voluntarily.
Witness 1 Signature: _____________________________________________
Printed Name: [[Witness 1 Full Legal Name]]
Address: [[Witness 1 Full Address]]
Witness 2 Signature: _____________________________________________
Printed Name: [[Witness 2 Full Legal Name]]
Address: [[Witness 2 Full Address]]
16. Notary Acknowledgment
State of Oregon
County of [[County Name]]
On [[Date]] before me, the undersigned notary public, personally appeared [[Principal Full Legal Name]], proved to me through satisfactory evidence of identification, which were [[Type of ID]], to be the person whose name is signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose.
_____________________________________________
Notary Public Signature
My commission expires: [[Notary Expiration Date]]
17. Agent Acceptance (Optional but Recommended)
I, [[Agent Full Legal Name]], accept appointment as Agent under this Power of Attorney and agree to act in accordance with its terms and Oregon law.
_____________________________________________
[[Agent Full Legal Name]], Agent
Date: [[Date]]
Template - not professional legal advice. This is a template example only. Powers of attorney involve significant legal authority and must be tailored to individual circumstances and current Oregon law (primarily ORS Chapter 127). Execution, gifting authority, and digital asset provisions should be reviewed by a licensed Oregon attorney. As of 2026.
Primary references: ORS 127.005-127.045 (Durable Powers of Attorney); ORS Chapter 119 (Digital Assets). Always verify the most current statutes and obtain professional legal advice before use.
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