Oregon Statutes 127.015 – Revocation of power of attorney; termination of agents authority not effective until death or other event known
(1) The authority of an agent under a power of attorney terminates upon the occurrence of any of the following:
Terms Used In Oregon Statutes 127.015
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Fraud: Intentional deception resulting in injury to another.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(a) The principal dies.
(b) The principal or the court revokes the power of attorney.
(c) The agent dies, becomes financially incapable or incapacitated or resigns.
(d) The power of attorney by its terms provides that the power of attorney terminates.
(e) An action is filed for the dissolution or annulment of the principal’s marriage or registered domestic partnership to the agent, or for the separation of the principal and agent, unless otherwise provided by terms of the power of attorney, agreement of the parties or order of the court.
(2) A court may order that a power of attorney is revoked upon appointment by the court of a conservator for the principal.
(3) The death of a principal who has executed a power of attorney in writing, or the occurrence of any other event that would otherwise terminate the authority of the agent, does not revoke or terminate the authority of an agent who, without actual knowledge of the death of the principal or other event, acts in good faith under the power of attorney. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and heirs, devisees and personal representatives of the principal.
(4) An affidavit executed by an agent that states that the agent did not have, at the time of doing an act under the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death or other event, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument that is recordable, the affidavit may also be recorded.
(5) This section does not alter or affect any provision for revocation or termination contained in the power of attorney. [Formerly 126.413; 2009 c.46 § 3; 2021 c.272 § 4]
[Repealed by 1969 c.591 § 305]