Legal Question in Wills and Trusts in Oregon

Re: Power of Attorney

There seem to be a couple of questions mixed together here.

First, signs of dementia will not necessarily make someone incompetent enough to be unable to make a will or trust. Most folks starting into dementia have "good" days when they know what is happening around them and who and what they are dealing with. If a will is done during the "good" times, it would likely be a valid will.

If someone lacks capacity to make a will or trust (the level of capacity for a will and a trust differ) then it is too late for a will or trust. The person's assets will be distributed according to the state's laws of intestate succession (basically to spouse, children, parents, siblings in that order).

Giving a power of attorney also requires capacity to do, so if the person lacks capacity, then no power of attorney can be made. Courts do not appoint powers of attorney, only an individual can do that.

If a person lacks capacity and needs someone to handle their financial affairs or make decisions about where they live, medical treatment, etc., then the court, upon petition, can appoint someone to be a guardian (making personal decisions) and/or conservator (making financial decisions).

Neither a guardian nor a conservator can create a will or trust for someone.