Legal Question in Family Law in Oregon

Re: Power of Attorney

I have power of durable power of attorney for my Mom. Signed & notarized. Now what do I do with it & do I sign my name and put PA afterward or sign both of our names?

ANSWER:

Assuming this is a general power of attorney (as opposed to a limited or restricted PoA) pertaining to the management and handling of your mother's financial affairs, and assuming the terms of the PoA make clare that it is presently in effect (as opposed to becoming effective only upon your mother's becoming incapacited or otherwise unable to properly handle her own financial affairs), you would now be able to sign your mother's name on checks and other documents that do not require a notarized signature. (However, the payee on the check is not legally required to accept the check on which you signed your mother's name, even though you did it pursuant to the PoA.) On formal legal documents, such a deeds or other documents that need a notarized signature, you would sign your own name, followed by "Under Power of Attorney" or words to that effect. If used in connection with a deed, the PoA may have to be recorded along with the deed itself.