A power of attorney (POA) is a document that allows someone you choose to make decisions about your private affairs, business, or legal matters if you can’t because of accident or illness. The rules behind a POA depend on the state where it was created and the state where you live. There are a few basic types.
Durable Power of Attorney
Durable POAs are used when you can’t make financial, legal, or health care decisions because you’re incapacitated, generally due to accident or illness.
Short-term Power of Attorney
Short-term POAs are used when you are giving someone short-term or limited powers for a specific purpose. For example, if you’re in one state and trying to sell your home in another, but can’t be there in person, you can designate a short-term POA to help you. Health care POAs, sometimes called Patient Advocate Designations, specify someone to make health care decisions for you.
Conservatorship and Adult Guardianships
ORS also recognizes conservatorships and adult guardianships which are used if someone doesn’t have a POA on file and can’t create one because of incapacitation or illness. These are usually issued by a judge.
If you have a POA, conservatorship, or guardianship, ORS needs a copy of the legal documentation before your representative can act on your behalf. Keep a copy of your health care POA with your patient advocate, your insurance provider, and anyone who is providing health care to you (like a nursing home or primary care physician).
This article is general information, not legal advice. Consult a legal professional to get the most accurate information.
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