When power of attorney in effect
- accounting to conservator
(1)When a principal designates another person as an agent by a power of attorney in writing, and the power of attorney does not contain words that otherwise delay or limit the period of time of its effectiveness:
(a)The power of attorney becomes effective when executed and remains in effect until the power is revoked by the principal or by the terms of the power of attorney, or until the authority of all agents under the power of attorney is terminated as provided in ORS 127.015 (Revocation of power of attorney);
(b)The powers of the agent are unaffected by the passage of time; and
(c)The powers of the agent are exercisable by the agent on behalf of the principal even though the principal becomes financially incapable.
(2)The terms of a power of attorney may provide that the power of attorney will become effective at a specified future time, or will become effective upon the occurrence of a specified future event or contingency such as the principal becoming financially incapable. If a power of attorney becomes effective upon the occurrence of a specified future event or contingency, the power of attorney 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. A person designated by a power of attorney to determine whether the principal is financially incapable is the principal’s personal representative for the purposes of ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) and the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164.
(3)If a power of attorney becomes effective upon the principal becoming financially incapable and either the power of attorney does not designate a person or persons to make the determination as to whether the principal is financially incapable or none of the designated persons is willing or able to make the determination, a determination that the principal is financially incapable may be made by any physician. The physician’s determination must be made in writing.
(4)All acts done by an agent under a power of attorney during a period in which the principal is financially incapable have the same effect, and inure to the benefit of and bind the principal, as though the principal were not financially incapable.
(5)If a conservator is appointed for a principal, the agent shall account to the conservator, rather than to the principal, for so long as the conservatorship lasts. The conservator has the same power that the principal would have to revoke, suspend or terminate all or any part of the power of attorney.
(6)This section does not apply to ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title). [Formerly 126.407; 1993 c.767 §25; 2001 c.395 §4; 2009 c.46 §2; 2018 c.36 §10; 2021 c.272 §3]
Section 127.005 — When power of attorney in effect; accounting to conservator,