Legal Question in Wills and Trusts in Oregon

living will/poa

In oregon- women has terminal cancer/ wants partner to make final decisions/ do you need a living willand poa- has no assests- will he be liable for her debt?


Asked on 5/22/08, 5:38 pm

1 Answer from Attorneys

Susan Burns Law Office of Susan Ford Burns

Re: living will/poa

The partner will certainly need to be appointed under the "Advance Directive" which is the document Oregon uses as a "living will". This will allow the partner to make any medical decisions that the woman is unable to make for herself.

For financial decisions and actions before death, the partner will need to have a "Durable Power of Attorney" appointing the partner as "attorney in fact" This document will allow the partner to pay bills, cash checks, etc. up to the time of death.

At the woman's death, both of these documents cease to have any effect. If she owned anything, she should also have a will that designates who gets what, even if there isn't much. This is particularly true if she wants her partner to get personal property, etc.

Regardless of what documents do or do not exist, the partner will not be liable for any of her debts unless (1) they were joint debts (i.e. apartment rent with both on the lease) or (2) he agreed to be liable by signing something (be careful of nursing home admission papers).

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Answered on 5/27/08, 12:51 pm


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