Finance
Instrument: Power of Attorney (POA)
What is it for?
A “power of attorney” (POA allows an adult (the “principal”) to designate another (the “agent”) with the power to manage financial decisions on the principal’s behalf.
What does it do?
The POA empowers the agent to be able to make a broad or limited range of decisions and act with respect to the principal’s property. The agent may not make decisions for the principal about the principal’s health care. Or. Rev. Stat. Ann. § 127.005(6).
All acts done by an agent during a period in which the principal is incapable of doing so have the same effect as though the principal were capable of doing so. Or. Rev. Stat. Ann. § 127.005(4).
In making decisions for the principal, the agent must use the property of the principal for the principal’s benefit. Or. Rev. Stat. Ann. § 127.045.
Third parties may generally accept decisions made by the agent as if the principal had made them.
How does one make it?
A POA must be in writing and specify the scope of the agent’s authority and when the agent’s authority begins. Or. Rev. Stat. Ann. § 127.005(1).
When does it come into effect?
A POA can state that the agent’s authority begins either immediately upon execution, at a future date, or upon the occurrence of a future event. If the agent’s authority begins on a future date or upon the occurrence of a future event, it is also sometimes called a “springing” POA. For a springing POA, the POA may designate a person or persons to determine whether the specified event or contingency has occurred, and the manner in which the determination must be made. Or. Rev. Stat. Ann. § 127.005.
If the agent’s authority becomes effective upon the principal becoming “financially incapable” and the POA does not designate who will make this determination, then it may be made by any physician in writing. Or. Rev. Stat. Ann. § 127.005(3). “Financially incapable” is defined as a condition in which a person is unable to manage financial resources of the person effectively for multiple reasons, including mental illness, physical disability, or disappearance. “Manage financial resources” means those actions necessary to obtain, administer and dispose of real and personal property, intangible property, business property, benefits and income. Or. Rev. Stat. Ann. § 125.005(3).
How long does it last?
A POA generally lasts until the principal or agent dies; the principal revokes the POA; the POA provides that it terminates upon some future date or event; the purpose of the POA is accomplished; or the agent’s authority is revoked. Or. Rev. Stat. Ann. § 127.015.
How does one end it?
A POA may be revoked either by the principal, presumably by any act manifesting this intent, such as by destroying the POA. Or. Rev. Stat. Ann. § 127.015.
What does an example look like?
Oregon does not provide a statutory sample POA form.
What else should one know?
Oregon’s POA is not based on the Uniform Power of Attorney Act.
Last updated July 2022
Education
Instrument: Surrogate Appointment (SA)
What is it for?
The “surrogate appointment” (SA) allows an adult student to request that another adult be designated to make education decisions on their behalf.
What does it do?
An appointed surrogate parent has all of the special education rights and procedural safeguards available to the parent, and the surrogate is responsible for all matters relating to the special education of the adult student. Or. Admin. R. 581-015-2325(4) & (9)(a)(B).
In exercising this authority, the surrogate has the following duties:
a.) Protect the special education rights of the child;
b.) Be acquainted with the child’s disability and the child’s special education needs;
c.) Represent the child in all matters relating to the identification, evaluation, IEP and educational placement of the child; and
d.) Represent the child in all matters relating to the provision of a free appropriate public education to the child. Or. Admin. R. 581-015-2320(7).
If the adult student requests the SA, then the student retains all rights to receive required parental notices notwithstanding the SA. Or. Admin. R. 581-015-2320(9)(a)(A).
How does one make it?
An adult student may request that their local educational agency (LEA) appoint a surrogate. Or. Admin. R. 581-015-2325(4). The appointment must be made within 30 days of a determination that a surrogate is needed. Or. Admin. R. 581-015-2325(12).
When does it come into effect?
Presumably, the surrogate’s authority begins as soon as the appointment is made.
How long does it last?
Presumably, the SA lasts until the adult student either revokes consent to the SA or becomes ineligible for special education services.
How does one end it?
The adult student may revoke their consent to the SA at any time provided they do so in writing to the LEA. Or. Admin. R. 581-015-2325(12).
What does an example look like?
Oregon’s regulations do not provide a sample SA form.
What else should one know?
Schools are required to provide students receiving special education and their parents with information and training resources regarding supported decision-making as a less restrictive alternative to guardianship. Or. Rev. Stat. Ann. § 343.181(2).
Last updated July 2022
Health
Instrument: Form for Appointing a Health Care Representative (FAHCR)
What is it for?
A “form for appointing a health care representative” (FAHCR) allows an adult (the “principal”) to appoint another (the “health care representative”) to make health care and treatment decisions for the principal while the principal is “incapable” of doing so. Note that the FAHCR is a type of advance directive, and may or may not include health care instructions in addition to a health care representative appointment.
What does it do?
On behalf of the principal, a health care representative may make any decisions about the principal’s health care that the principal would have if the principal were not incapable. Or. Rev. Stat. Ann. § 127.535(1). A health care representative for an incapable principal also has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records and to consent to the disclosure of medical records. Or. Rev. Stat. Ann. § 127.535(3).
Generally, the health care representative may give, refuse, or withhold consent to any form of diagnosis, treatment or care of disease, injury and congenital or degenerative conditions. The health care representative’s authority includes decisions relating to admission to or discharge from a health care facility. Or. Rev. Stat. Ann. §§ 127.505(9-10). However, the health care representative generally may not make decisions on behalf of the principal with respect to convulsive treatment; psychosurgery; sterilization; abortion; or withholding or withdrawing artificially administered nutrition. The representative may make decisions about withholding or withdrawing of a life-sustaining procedure in limited circumstances. Or. Rev. Stat. Ann. § 127.540.
In making health care decisions, a health care representative has a duty to act consistently with the desires of the principal as expressed in the principal’s advance directive, or as otherwise made known by the principal to the health care representative. If the principal’s preferences are unknown, a health care representative has a duty to act in a manner that the health care representative in good faith believes to be in the best interests of the principal. Or. Rev. Stat. Ann. § 127.535(4).
A health care representative may not be related to the principal by blood, marriage, or adoption; may not be their attending physician, their health care provider or their employees, or the owner operator or employee of a health care facility in which the principal is a patient or resident. Or. Rev. Stat. Ann. §§ 127.520(a-b).
How does one make it?
The FAHCR must be in writing, signed by the principal, and be either witnessed and signed by at least two adults or notarized by a notary public. Or. Rev. Stat. Ann. § 127.515(2). Witnesses may not be the principal’s attending physician, attending health care provider, or be the principal’s previously appointed health care representative. Or. Rev. Stat. Ann. § 127.515 (3)(4).
When does it come into effect?
A health care representative’s authority begins upon a determination that a principal is “incapable” of making health care decisions.Or. Rev. Stat. Ann. § 127.510(2b). “Incapable” means that in the opinion of the court in a proceeding to appoint or confirm authority of a health care representative, or in the opinion of the principal’s attending physician or attending health care provider, the principal lacks the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the principal’s manner of communicating if those persons are available. Or. Rev. Stat. Ann. § 127.505(14).
How long does it last?
An FAHCR lasts until: the principal dies, is no longer incapable, or revokes the FAHCR while capable; the principal executes another FAHCR; the agent rejects their appointment or is “unable, unwilling, or unavailable to make timely health care decisions for the principal; or the FAHCR is suspended or revoked by a court order. Revocation is effective upon communication by the principal to the principal’s attending physician, attending health care provider or health care representative. Or. Rev. Stat. Ann. § 127.545.
How does one end it?
An FAHCR generally may be revoked by the principal at any time and in any manner while capable of making health care decisions. Or. Rev. Stat. Ann. § 127.545(1). The revocation becomes effective when the principal informs their attending physician, attending health care provider or health care representative. Or. Rev. Stat. Ann. § 127.545(2).
What does an example look like?
A sample FAHCR is provided at Or. Rev. Stat. Ann. § 127.527.
What else should one know?
Oregon recognizes a separate declaration for mental health treatment for making a declaration of preferences or instructions regarding mental health treatment, which may include consent to or refusal of mental health treatment. Or. Rev. Stat. Ann. § 127.702.
Last update July 2022
General
No information available at this time.