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How To Hire the Right Attorneys in Portland Oregon

How To Hire the Right Attorneys in Portland Oregon

Written by George McCoy on . Posted in Car Accident, General Law, Personal Injury.

When faced with a legal challenge, hiring the right attorney is one of the most important decisions you’ll make. The wide array of legal professionals in Portland, Oregon, can make the selection process seem daunting. With the right approach and a clear understanding of your needs, you can find the attorney best suited to represent you. 

In this guide, we’ll walk you through the critical steps to hiring the right attorneys in Portland, Oregon, ensuring your legal matter is handled with expertise and care.

Understand Your Legal Needs

The first step in hiring the right attorney is understanding your case. Law is a broad field, and attorneys often specialize in specific areas. By identifying the legal issue you are dealing with, you can narrow your search to attorneys in Portland, Oregon, who specialize in that area. A family law attorney may not be the best fit for a business dispute, and a criminal defense lawyer may not be ideal for handling your estate planning.

Research Attorneys

Once you’ve pinpointed your legal needs, it’s time to research potential attorneys. Portland has a vibrant legal community, so use online resources to gather information about local law firms and individual attorneys.

Start by visiting the Oregon State Bar’s website and their directory of all licensed attorneys in the state, including those based in Portland. You can search by area and view any disciplinary actions against attorneys. 

Beyond the bar directory, you should also check online reviews, like those on Google and Yelp. While these reviews are open to the public and should be taken with a grain of salt, they can offer insight into how attorneys treat their clients and handle cases.

You can also visit a firm’s website for more information on an attorney. Many law firms, like ours here at Warren Allen, have detailed profiles of their attorneys, including their areas of expertise, education, years of practice, and notable cases. This information can give you a sense of their background and whether they might be a good fit for your case.

Experience Matters

When hiring attorneys in Portland, Oregon, one of the most critical factors is experience. Experience doesn’t just mean how many years a lawyer has been practicing; it also refers to their experience in handling cases similar to yours. A criminal defense attorney who has been practicing for 20 years but has never dealt with a case like yours might not be the best choice.

Ask potential attorneys about their track record in cases like yours. For instance, if you’re dealing with a personal injury case, you’ll want to know how many personal injury cases they’ve handled and their success rate. Similarly, for business law matters, inquire about the types of businesses they’ve represented and the outcomes of those cases.

Personal Connection and Communication Style

Legal matters can be stressful, and working with an attorney you feel comfortable with is essential. Personal connection may not seem as important as expertise, but it plays a significant role in your overall experience. Attorneys who take the time to understand your situation, explain the process, and communicate clearly can make a challenging situation easier to navigate.

When meeting with potential attorneys, pay attention to how they communicate. Are they patient when answering your questions? Do they explain things in a way that’s easy to understand? Do they seem genuinely interested in your case? 

Attorneys in Portland, Oregon, are known for their client-centered approach, but every attorney has a different style. Make sure the attorney you hire aligns with your expectations.

Assess Their Resources and Support Staff

When you hire an attorney, you’re also hiring their legal team. Larger firms in Portland may have paralegals, junior attorneys, and administrative staff who assist in preparing and managing cases. Smaller firms or solo practitioners might handle everything on their own. 

It’s important to assess the resources available to your attorney. Especially in business law or estate planning, complex cases may require substantial research, document preparation, and court appearances. Make sure the attorney you choose has the resources to handle your case efficiently.

Inquire about who will be working on your case. Will the attorney you meet with handle most of the work, or will tasks be delegated to junior attorneys or paralegals? While delegating specific tasks is common and can lower costs, you want to ensure the critical aspects of your case are in the hands of someone with the right experience.

Consider the Cost

Cost is a significant factor in hiring attorneys in Portland, Oregon. Legal fees can vary widely depending on the attorney’s experience, the complexity of your case, and the amount of time required to resolve the issue. Some attorneys charge hourly rates, while others may work on a contingency basis, which is common in personal injury cases. Other cases may require a flat fee for specific services, such as drafting a will.

Before hiring an attorney, ask about their fee structure and any additional costs you might incur. Make sure you understand how and when you will be billed. Requesting a written agreement outlining the fees and payment schedule is also a good idea. While finding an attorney who fits your budget is essential, be cautious of fees that seem unusually low. As with most services, you often get what you pay for.

Trust Your Instincts

Trust your instincts when hiring an attorney. After meeting with potential attorneys and evaluating their experience, communication style, and fees, you should have a good sense of whether or not they are the right fit for you. Hiring the right attorney can significantly impact the outcome of your case, so it’s crucial to feel confident in your choice.

Don’t rush the decision-making process. If needed, take the time to interview multiple attorneys in Portland, Oregon. Compare their qualifications and make an informed choice based on what feels right for your unique situation.

Finding the right attorneys in Portland, Oregon, may seem challenging, but with careful research and consideration, you can make a well-informed decision. Start by understanding your legal needs and seeking experienced professionals specializing in those areas. Evaluate their communication style, resources, and fee structure to ensure they align with your expectations. 

Ultimately, the right attorney is someone who not only has the expertise to handle your case but also makes you feel confident and supported throughout the legal process. Whether dealing with a personal matter, business dispute, or any other legal issue, finding the right legal representation is a crucial step toward a successful resolution. With its experienced team of attorneys, Warren Allen LLC is well-equipped to help you navigate the complexities of your legal matter. Whether you need family law assistance, business representation, or any other legal service, our attorneys at Warren Allen are here to provide the guidance and support you need.

What to Expect During a Family Court Hearing

What to Expect During a Family Court Hearing

Written by George McCoy on . Posted in Family Law, General Law. No Comments on What to Expect During a Family Court Hearing

The term “family law” covers a broad spectrum of issues that might come up between family members. A family court handles a wide range of family law cases, including divorce, annulment, separation, prenuptial agreements, child custody, visitation, spousal support, child support, assigning guardianship, protection orders against domestic violence, emancipation of a minor, termination of parental rights, adoptions, name changes, establishing paternity, and so much more. 

It can be stressful anytime you need to appear in court, but a family court hearing can be extra challenging because of the emotional and personal nature of the issues. Rather than trying to do it alone, consulting with a family law attorney like the ones at Warren Allen LLC can be extremely beneficial in preparing for your family court appearance. 

Knowing what to expect if your case goes to court can help you feel more prepared and reduce your anxiety. Below is an overview of a family court hearing, including the roles of various participants, a brief description of the procedures involved, and practical tips to prepare for a family court hearing. 

Who is Involved in a Family Court Hearing?

It might be helpful to start by listing the roles of everyone involved in a family court hearing to give you a better framework for understanding the family court system.

  • Judge: a neutral party who presides over the case to rule on legal issues and make a decision based on all evidence presented, arguments made, and applicable laws. In some jurisdictions, a family court commissioner, rather than a judge, hears family law cases.
  • Plaintiff: the person who initiates the court case (e.g., the spouse who files for divorce, etc.). This person is also sometimes called the petitioner.
  • Defendant: the person responding to the petition or complaint. Also referred to as the respondent. 
  • Family law attorneys: attorneys specializing in domestic issues, like the lawyers at Warren Allen. Many people hire a family law attorney to best represent their interests by presenting evidence and making arguments before the judge.
  • Witnesses: expert witnesses might include counselors, mental health professionals, financial advisors, etc. Non-expert witnesses might be neighbors, co-workers, family members, or friends who can serve as character witnesses or provide other evidence.
  • Court-appointed advocate or social worker: when children are involved, the family court will prioritize the child’s best interests and might appoint an advocate or social worker to provide recommendations.
  • Court reporter: the person tasked with recording everything said during the proceedings, word for word. The court reporter creates a record that can be used during appeals or other legal proceedings. 

What Happens During a Family Court Hearing?

The family court will assign your case a date and time. It’s a good idea to arrive at the courthouse well ahead of your scheduled time to ensure adequate time to get through security and to find your assigned courtroom. Check in with the court clerk or bailiff, who will provide additional guidance about where to wait or give you any other instructions you might need.

Once the hearing begins, the judge will introduce themself and lay out the procedures for the hearing. The plaintiff and the defendant (or their attorney) will then make opening statements summarizing their cases and what they hope to prove with their supporting evidence.

After the opening statements, the plaintiff’s team must plead their case, give testimony, and present all evidence. They may also call witnesses at this time.

The defendant, or their attorney, has the right to cross-examine the plaintiff’s witnesses and challenge the presented evidence. Then, the defendant presents their case. When finished, the plaintiff will have a chance to cross-examine the defendant’s witnesses and challenge the defendant’s evidence.

Throughout the process, the judge might ask questions to help clarify or provide additional information or elaboration on various points of evidence or testimony.

Finally, both sides can make closing statements summarizing the arguments and reiterate key points and evidence. Although not required, it’s usually in your best interests to take advantage of this time to restate the strongest points of your position and respond to any lingering questions or issues.

Sometimes, a judge might make an immediate decision. In many cases, they will need time to review the evidence and will issue a written order later outlining their findings and decision.

If you disagree with the judge’s ruling, consult a family law attorney about how you might appeal or seek modification of the court order. Otherwise, it’s essential to comply with the judge’s decision in a timely manner and meet all given deadlines.

How to Prepare for a Family Court Hearing

The following are some practical tips to keep in mind as you prepare for a family court hearing:

  • Gather your evidence. Get copies of anything that can help you support your claims, including financial records; written communication, including emails and texts; medical records; legal documents such as custody agreements; witness statements; relevant reports from professionals like mental health professionals, financial advisers, doctors, teachers, school officials; and physical evidence like photographs. 
  • Be as organized and prepared as possible. Make sure you have all evidence together in one place and clearly labeled for easy access. If possible, research other cases like yours to understand the issues at stake, what types of evidence you need, and what your strategy should be.
  • Rehearse what you plan to say, and practice stating your case calmly and concisely. Make sure you’re familiar with all the facts and evidence. Know precisely what you want to say to the judge so you don’t forget important points.
  • Make a good impression. Arrive early. Maintain your composure throughout the proceedings and be respectful to all parties, especially the judge, addressing them as “Your Honor” and standing to speak to the court. Dress neatly in clean and modest clothing. Wait your turn to speak, and do not interrupt others. Listen closely and follow all directions given by the court.
  • Consult an expert. You hire a plumber when your sink doesn’t work; discussing your family law case with an expert is much more important.

When you work with our family law attorneys at Warren Allen LLC, we can help you navigate the family court process, making sure you understand the relevant procedures and timelines. We can also help you develop a legal strategy and go over your evidence and arguments. Let our team be your team. Schedule a free consultation today, and let us help you through your family court hearing.

Tips for Vetting Law Firms in Portland Oregon

Tips for Vetting Law Firms in Portland Oregon

Written by George McCoy on . Posted in General Law. No Comments on Tips for Vetting Law Firms in Portland Oregon

Finding a lawyer during an already stressful time in your life can feel like an insurmountable task. Typically, people don’t have a relationship with a lawyer already in place when something happens to them that requires legal assistance. Usually, when someone requires legal guidance, it’s due to an unpleasant and stressful situation that has happened unexpectedly, such as a car accident, a bad fall or personal injury, or a family law issue like divorce or a child custody disagreement. No attorney will completely eliminate the stress of the situation, but the right attorney can help allay some of your concerns.

When you need legal advice, it’s best not to just accept the very first law firm you find in a random online search for help. You want to make sure you are finding quality legal representation that will represent you and your needs with care and expertise. If you are looking for law firms in Portland, Oregon, or wherever you may live, the litigation experts at Warren Allen LLP list below how to find a law firm that best suits your specific legal needs.

Make Sure You Find a Law Firm That Specializes in the Area of Law You Require Help With

It’s always important to find a law firm that has extensive experience in litigating within the specialty you need. For example, if you are looking for a divorce lawyer, it is not enough to find a lawyer with a website that says they practice family law. You want to ensure your law firm specializes in family law and has a history of representing clients within this field.

Look for blog posts or social media posts from the law firm. Do they talk about the area of law that you need? Are there signs of innovation in the field where you need representation? If the law firm demonstrates authority in that area of law, this is a great sign that they are current and active in that field of law and can be a potentially good fit for your legal needs.

Ensure You Can Afford the Law Firm’s Fee

When choosing the law firm that best fits your needs, one factor that is very important to consider is the cost of legal representation. It is important to ask up front what the costs of representation will be to ensure it is an affordable option for you before deciding on which law firm will be the best fit for you. While your instinct might be to opt for the best attorney money can buy, it’s not actually realistic. You also don’t want to just blindly choose the cheapest service either. The truth is that you need to look at law firms in Portland, Oregon, that meet both your needs and your budget.

Typically, law firms that specialize will cost more than a generalist firm that tends to deal more in volume of clients rather than focusing on each client in depth. Most law firms charge hourly, ranging in price from $300 to $1,000 per hour.

Ask About the Attorney’s and the Law Firm’s Experience

It’s crucial to ask prospective lawyers how many years they have practiced and, in particular, how many years in the field of law you need before deciding on which law firm is right for you. Training and specialization are important, but years of experience in practicing law means they have been through trials and have lost some, won some, and learned from each experience. Go ahead and ask if they’ve handled cases similar to yours and how those turned out.

Choosing local law firms, like Warren Allen in Portland, Oregon, can also be important to the outcome of your case. They’ll be familiar with how the court systems work in the area and have experience working with different judges and attorneys. They’ll also be up to date on all county and state laws, procedures, and policies, better ensuring you get the highest level of representation.

Check Online Reviews and Get Personal References

If you are unsure where to begin your search for a trusted lawyer in your area, start by asking around. If you know a friend, family member, neighbor, or professional who has been through your situation before, it could be helpful to ask if they have a referral to a lawyer who they trust. If you happen to have an existing relationship with a lawyer in another field of law, consider asking them for a recommendation to a lawyer in your area of need. You can even ask your doctor or other professional if they have a trusted lawyer they would recommend.

You should also read reviews online to see what people are saying about their experiences with various law firms in your area. It’s always a good idea to read reviews and ask around before signing a contract with a new law firm.

Consider Your Attorney’s Availability and Ease of Communication

When you first meet with your new attorney, this is your time to interview them as if you were hiring them for a new position at your company. This is a great time to ask about their availability when you have follow-up questions, as they will most definitely arise, and not all lawyers are available at the same rate. Some law firms have paralegals who can answer your questions more readily than the lawyers, who may frequently be in court and unavailable to field your various questions. It is always a good idea to make sure you can communicate with your lawyer or their staff when needed.

If you are looking for law firms in Portland, Oregon, consider hiring the legal experts at Warren Allen LLP. Our team specializes in personal injury, family law, and more. Reach out today.

Real estate attorney meeting with middle-aged couple.

What Cases Do a Real Estate Attorney Handle?

Written by George McCoy on . Posted in General Law. No Comments on What Cases Do a Real Estate Attorney Handle?

A real estate attorney is knowledgeable in real estate law and is equipped to help in matters pertaining to real estate transactions. They can handle all of the legal aspects of a real estate transaction or litigate real estate cases. Whether you need assistance with the legal process of buying property or have a dispute you need to settle, a real estate attorney specializes in such cases and is a valuable asset.

Not only does a real estate attorney secure the legal transfer of property from seller to buyer, but they can offer needed assistance to ensure the party’s interests are protected. Buying a home or property is a large investment, and you will want an advocate who best represents your interests at closing. If you are buying or selling property, it may be helpful to work with a real estate attorney in Portland, Oregon. If you’re uncertain if you need an attorney, read below to learn what real estate attorneys do and how they can help with your particular needs.

What Does a Real Estate Attorney Do?

A real estate attorney has in-depth knowledge of all aspects of real estate law and can offer legal assistance with the purchasing process. This includes the land and any structure on it, for residential or commercial property. They can help prepare and review documents, facilitate the transfer of funds, verify the title is clear, and even attend the closing to ensure your interests are protected.

Their scope of expertise is varied, and they are equipped to facilitate document preparation for land purchases, commercial property purchases, financing, leasing, selling, and new construction property. Additionally, if problems arise during a deal, they can litigate any disputes pertaining to the property and work to resolve the issues while minimizing costs.

Buying a Home

Buying a home or property to build on can be an overwhelming process, especially for a first-time homeowner. There are a lot of steps and legal procedures that must be followed to guarantee a legal transfer of the property. This process includes a number of fees and transferring money, as well as negotiating closing costs and any inspections or repairs that are needed.

A real estate attorney can guide you through all the necessary steps to ensure the transfer is legal while working to protect your interests and help negotiate costs. They will evaluate the seller’s offer and make sure the responsibilities of the seller and buyer are clearly defined. Depending on your state of residence, an attorney may be required by the title insurance company or mortgage lender to ensure a secure transaction.

Not only will a real estate attorney help you understand the purchase contract, but they will also prepare and file necessary documents and ensure there are no liens, covenants, or easements registered against the property. They will also evaluate any adjustments prior to closing, review the papers you’re required to sign at closing, and ensure you have received a valid title with no surprise liabilities. They can also secure title insurance should there be any potential problems in the future.

Selling a Home

A real estate attorney can also be obtained by a seller to help prepare the purchase and sale agreement as well as negotiate the terms. Having an attorney on your side during the process can be a valuable asset. They can fix any issues with the title and securely prepare the paperwork while ensuring a smooth transfer of money and deed. This includes preparing the deed, reviewing documents at closing, and arranging both the security deposit transfer as well as insurance certificates. If you’re a first-time seller, an attorney can be the peace of mind you need to make sure you have legally transferred your home and that your interests are protected.

Boundary Disputes

If you own property, it may become necessary to protect yourself from any violation of your boundary line. An easement may allow someone to use your land for limited purposes, such as crossing your land to access a public road or allowing utility companies to access any pipes or electric lines on your property.

While easements give these parties the right to use your land, sometimes, the issue and property line are more obscured. You may be uncertain about the property boundary between a neighbor. Where does the boundary lie? Or maybe you innocently encroached on the adjoining landowner’s property to make an improvement. A real estate attorney can evaluate the boundary dispute and negotiate a settlement or represent you in court to protect your property interest.

Estate Planning

A subset within real estate law is estate planning. This branch focuses on your assets and what happens to them when you pass away. This includes the transfer of property and the creation of wills and trusts. An attorney will ensure your family is cared for and your assets are passed on to the person or organization of your choice with as minimal taxation as possible.

Landlord-Tenant Law

Renting real property affords both the landlord and tenant certain rights. Sometimes, these rights can be violated, and one of the involved parties will require the protection of their interests. However, it can be tricky to navigate whose rights were violated and how to proceed. Landlord/tenant laws are complex and may require expert representation. These laws apply to both residential and commercial property and cover all aspects of renting real property, such as leases and evictions. A real estate attorney is equipped to handle the diverse and various aspects of this branch, from form reviews to fair housing disputes.

No matter what your legal needs are, our real estate attorneys at Warren Allen LLP in Portland, Oregon, are here to expertly guide you. Whether you’re buying or selling a home or looking for guidance or representation in a current dispute, you can put your trust in us. Our skilled attorneys will focus on helping you achieve your legal goals, regardless of the forum. If you’re in Oregon or Washington, contact us today for exceptional service and sound legal advice.

 

Young woman studying at table in library.

What Training and Certifications Are Required of Attorneys in Portland Oregon?

Written by George McCoy on . Posted in General Law. No Comments on What Training and Certifications Are Required of Attorneys in Portland Oregon?

Whether you’re just graduating from high school and deciding which career path to choose for the first time or have been working in a different profession for years and are ready for a life change, deciding to become a lawyer can be both exciting and daunting. There are many steps to take before you’re permitted to represent another person in a court of law. Figuring out which steps are required and in which order takes some work. Becoming a lawyer requires dedication and commitment through the education and testing process, and it also requires a large financial obligation to pay for the schooling and certifications required by the state.

Many lawyers have decided on this career path because it provides a lot of job satisfaction, as it allows you to use your legal skills to help others and protect those without a voice, such as children, animals, and the environment. Not only is it a meaningful career path, but it also provides financial stability with a large earning potential, and it allows you the flexibility to choose your own law field to specialize in based on which areas of law you’re most interested in. Lawyers can work across multiple fields of law throughout their careers.

Your attorneys in Portland, Oregon, from Warren Allen LLP did the legwork for you, and we’ve listed below the steps to take to start your career journey and become a professional lawyer. If you would like to speak with an attorney in the Portland, Oregon, area, contact Warren Allen LLP for legal advice or representation.

Earn a Bachelor’s Degree

The first step in becoming a lawyer is earning your bachelor’s degree from an accredited undergraduate school that’s recognized by the US Department of Education. You aren’t required to select a particular major in order to apply to a law school that’s accredited by the American Bar Association (ABA), and you can graduate with either a Bachelor of Science (BS) or Bachelor of Arts (BA) degree.

However, there may be certain classes that can be completed during your undergraduate degree that will be helpful when earning your law degree, as they prepare you for those lessons that will be required during your post-graduate law program. Taking classes such as criminal justice and political science, business and economics courses, and classes in communications can all help prepare you for the classes required during law school.

Pass the Law School Admission Test (LSAT)

Once you graduate from an undergraduate program recognized by the US Department of Education, you’re ready to study for your Law School Admission Test (LSAT). The LSAT is a standardized exam that must be completed before applying to any ABA-accredited law school. The exam includes multiple-choice questions that test your logic, reasoning, and reading comprehension. You will also be required to submit a 30-minute writing sample that doesn’t count toward your LSAT score but is used by law school administrators to evaluate your qualifications for entering their law program.

The Law School Admission Council’s website is a great resource for preparing for the LSAT, and you can also sign up to sit for the exam on their website. You must apply to take the LSAT online, and the test is only available to take during certain times of the year, so it’s important to visit the Law School Admission Council’s website to find out when the exam will be offered in your area. You should receive your LSAT score about three weeks after completing the exam.

LSAT scores will range from 120, which is the lowest possible score, to 180, which is the highest possible score. Each law school program will require a certain score to be considered a candidate for their law program, and that score will vary with each school. The average LSAT score is around 150. The exam will be around 100 questions, and you will need to get about 60 questions correct to pass with a 150.

Graduate From Law School

After graduating with an undergraduate degree and completing the LSAT, you’re now ready to apply to an ABA-accredited law school. Three ABA-accredited law schools in the Portland, Oregon, area are Lewis and Clark Law School, University of Oregon Law School, and Willamette University College of Law. In order to sit for the Oregon State Bar Exam, you must have graduated with a Juris Doctor (JD) or Bachelor of Laws (LLB) degree from an ABA-accredited school.

Most law programs will have students complete internships where they get to put into practice what they learned in the classroom. All ABA-accredited law degree programs offer the same foundational law classes that include civil, criminal, and constitutional law; international law; legal research and writing; contracts, ethics, wills, and trusts; and estate and property law.

Pass the Oregon State Bar Exam

You can sign up to sit for the Oregon State Bar Exam within 120 days of your graduation date from an ABA-accredited law program. The Oregon Bar Exam is given twice a year, in February and July, and is given over two days. You must apply to sit for the Bar exam by November 15 for the one offered in February, or by April 15 for the exam offered in July.

The Oregon State Bar Exam application can be found on the Oregon Bar Association website. The application requires providing six character statements and information on your last five employers. It costs $750 to sit for the bar exam. Oregon Bar Exam results are typically mailed six weeks after completing the test.

Maintaining Your License With the Oregon Bar

Once you pass the bar exam, you’re now an attorney in Oregon. Attorneys in Portland, Oregon, are required to participate in the Bar’s New Lawyer Mentoring Program (NLMP) within the first year of becoming a licensed attorney. To maintain your Oregon legal license, you must complete 45 credit hours of Mandatory Continuing Legal Education (MCLE) courses every three years. Course information can be found on the Oregon State Bar website.

Power of Attorney legal document with fountain pen.

What Are the Types of Power of Attorney?

Written by George McCoy on . Posted in General Law. No Comments on What Are the Types of Power of Attorney?

Power of attorney is a legal document that gives one person the power to represent or act on behalf of another person in business, private affairs, or any other legal matter. For instance, it can be used to allow one person to sign a contract for someone else, make financial transactions, make health care decisions, and so on. In fact, a power of attorney may be the most important of all the legal documents there are. Because of this, it’s not a decision to be taken lightly and should be discussed and researched first by all parties involved.

The person who is giving the power to another person is referred to as the principal, grantor, or donor. The person receiving the power is referred to as an agent or attorney-in-fact. The agent is able to make the power of attorney very broad or can limit it to just certain acts. There are four different types of power of attorney for you to choose from—special or limited power of attorney, general power of attorney, durable power of attorney, and springing durable power of attorney.

1. Special or Limited Power of Attorney

If you don’t want to give someone the ability to act on behalf of all of your rights, a special or limited power of attorney is likely what you want to choose. It gives the agent the power to act for you in only a very specific, limited purpose. There will be a specified time in the document when the power of attorney privileges end.

Common uses of a special or limited power of attorney include granting the agent the ability to sell a home or other real estate, sign a deed on behalf of the principal, or cash checks payable in the principal’s name.

2. General Power of Attorney

As the name suggests, this is the broadest level of power of attorney, and it’s quite comprehensive. With a general power of attorney in Oregon, the agent can act entirely on behalf of the principal. Any rights the grantor has are now shared with the agent. This means that the agent can manage the principal’s personal finances, including opening accounts and signing for them. The agent is also able to file lawsuits, make financial investments, manage the business, apply for benefits, collect debts, cash checks, and purchase or sell things all on behalf of the principal.

To revoke a general power of attorney arrangement, the principal needs to legally take it away, become incapacitated, or pass away.

3. Durable Power of Attorney

Whereas a general power of attorney is revoked when a principal becomes incapacitated, a durable power of attorney endures. This means that you should assign someone as a durable power of attorney in Oregon when you want to give them authority only if you’re not able to act on behalf of yourself or if you want to give them an immediate authority that will continue after you become incapacitated. This form of power of attorney can be limited or general in scope. A durable power of attorney in Oregon will remain in place until the principal’s passing or if they revoked it before becoming incapacitated.

A common reason people choose a durable power of attorney in Oregon is if they have been diagnosed with a disease such as Alzheimer’s. By choosing a durable power of attorney, you’re making sure that there is someone who can begin to act on your behalf or continue to act on your behalf when the disease progresses to a level where you’re no longer able to act on your own.

If you don’t assign a durable power of attorney and become incapacitated, a court will have to appoint a guardian or conservator for you, which is why it’s good to assign a durable power of attorney sooner rather than later.

4. Springing Durable Power of Attorney

As you may be able to tell from the name, this form of power of attorney is similar to a durable power of attorney, but it only begins once a specified event has happened where the principal has become incapacitated. Because of this, it’s very important that if you choose this type of power of attorney, you are extremely careful in the document to determine the standard for what would trigger the power of attorney to become effective. Both the principal and the agent need to understand what triggers this springing durable power of attorney to begin and make sure that it’s crystal clear in the document so there won’t be any misinterpretation.

Not every state in the US has this type of power of attorney, but there is springing durable power of attorney in Oregon if this is an appropriate option for your situation.

Some Considerations Before Sign the Paperwork

Becoming involved in a power of attorney privilege is an important decision and responsibility for both parties. If you’re the principal, you’re allowing someone else to act on behalf of you. Therefore, it’s crucial to understand the different types of power of attorney first to ensure you’re choosing the type that’s correct for you and will benefit you the most. It’s also important that you assign a power of attorney prior to becoming incapacitated.

If you’re considering naming a power of attorney in Oregon, at Warren Allen LLP, we’re here for you. We’ve been serving Portland and the Pacific Northwest since 1971 and have a thorough understanding of power of attorney. Please feel free to reach out to us. We’re happy to discuss the topic further with you and hear about your needs. We can then help to assess your situation and provide you with a recommendation as to which power of attorney we would recommend for you. We understand that this is a big decision to make, and we’re here to guide you through the process and make it a bit easier.