FINANCIAL & HEALTH CARE PLANNING

Powers of Attorney and Advance Directives in Oregon & Washington

If you were suddenly unable to manage your finances or speak for yourself in a medical setting, would the people you trust know what to do—and have the right authority to help?

Planning documents can answer different questions. A durable financial power of attorney can authorize someone to handle specified financial matters. An Oregon advance directive can express health care wishes and appoint a health care representative. A HIPAA authorization can give providers written permission to share specified health information with people you choose.

These documents do not all do the same job, and a family member is not automatically authorized to make every decision. Fortis Planning helps Portland-area individuals and families understand the planning conversation and coordinate next steps with qualified professionals.

Based in Oregon • Serving families in many states across the U.S.

FINANCIAL & HEALTH CARE PLANNING

Powers of Attorney and Advance Directives in Oregon & Washington

If you were suddenly unable to manage your finances or speak for yourself in a medical setting, would the people you trust know what to do, and have the right authority to help?

Planning documents can answer different questions. A durable financial power of attorney can authorize someone to handle specified financial matters. An Oregon advance directive can express health care wishes and appoint a health care representative. A HIPAA authorization can give providers written permission to share specified health information with people you choose.

These documents do not all do the same job, and a family member is not automatically authorized to make every decision. Fortis Planning helps Portland-area individuals and families understand the planning conversation and coordinate next steps with qualified professionals.

Based in Oregon • Serving families in many states across the U.S.

ESTATE PLANNING EDUCATION & COORDINATION

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We come to you when signatures matter.

Fortis Planning helps families understand and coordinate trusts, wills, powers of attorney, and legacy planning: with a clear, educational process designed to protect the people and property that matter most.

Based in Oregon • Serving families in many states across the U.S.

WHY PLAN AHEAD

Why These Documents Matter

An unexpected illness, injury, hospitalization, or period of incapacity can leave practical questions for the people around you. Who can pay bills? Who can talk with your care team? What choices would you want considered? Without clear documents, loved ones may face uncertainty, delays, privacy limits, or a need to seek formal authority through a court or other process.

Planning ahead lets you choose people you trust, define the authority they may have, and communicate preferences while you can. The exact effect depends on the wording, validity, timing, and applicable law. A lawyer can advise you about the right documents for your circumstances.

FINANCIAL AUTHORITY

Financial Power of Attorney

A financial power of attorney authorizes an agent to handle the financial matters described in the document. Depending on its scope, it may address tasks such as banking, paying bills, handling insurance matters, or managing other financial affairs.

What “durable” means

A durable power of attorney is designed to continue to be effective if you later become incapacitated, subject to the document and applicable law. A power of attorney may take effect when signed or be written to take effect upon a specified future event or condition. The timing and authority should be clear in the document and reviewed with an attorney.

Choosing an agent

Choose someone trustworthy, capable, and willing to act in your interests. Consider whether the person can communicate well, keep records, follow your instructions, and manage conflicts. Naming an agent grants significant authority within the document’s scope; it does not mean you give up your own ability to act while you have capacity.

What it does not do

A financial power of attorney does not automatically authorize health care decisions. Its authority ends at death. It also does not replace a will or trust. The document’s actual scope and effect depend on its wording and applicable law.

HEALTH CARE DECISIONS

Advance Directive and Health Care Representative

An advance directive is a health care planning document. It can let you express values and wishes about health care and name a health care representative to make health care decisions for you if you cannot make or communicate those decisions yourself. The representative must accept the appointment, and the document must meet current Oregon requirements.

People sometimes call this a “medical power of attorney” or “health care power of attorney.” For Oregon page copy, prefer the state terms “advance directive” and “health care representative,” while making the familiar search phrase clear.

An advance directive can help your representative and care team understand what matters to you. It is not a substitute for a conversation: discuss your wishes with the person you choose and make sure they know where to find the current document.

HEALTH INFORMATION ACCESS

HIPAA Authorization and Health Information Access

A HIPAA authorization is a written permission that can allow a health care provider or plan to disclose specified protected health information to a person or organization you name, subject to the authorization’s scope and applicable rules. It can help a trusted person receive information or communicate with providers when you want them involved.

A HIPAA authorization is about disclosure of information. By itself, it does not appoint someone to make health care decisions. A health care representative’s authority and access to information can arise under applicable law and the scope of the appointment; providers may also disclose limited information to people involved in care in certain circumstances. The documents work differently, so ask an attorney or provider what is appropriate for your situation.

Use the provider’s current forms where required, and confirm the form identifies the people, information, purpose, and duration you intend. Do not assume that signing one document grants every kind of access or decision-making authority.

COORDINATING YOUR DOCUMENTS

How the Documents Fit Together

  • Durable financial power of attorney: financial authority during your lifetime, within the document’s scope; may be designed to continue during incapacity.

  • Oregon advance directive: health care wishes and appointment of a health care representative for the situations covered by the document.

  • HIPAA authorization: permission for specified disclosure of health information; not, by itself, decision-making authority.

  • Will or trust: instructions for property and administration after death, with different roles from incapacity documents.

  • Beneficiary and account records: separate designations that may affect who receives particular assets.

No single document automatically covers every financial, medical, privacy, and after-death need. A coordinated plan helps reduce gaps and conflicting instructions.

WHO MAY BENEFIT

Who Should Consider Planning?

Adults of any age can benefit from thinking through who they trust and what support they would want. These documents may be especially worth reviewing when you:

  • Have a spouse, partner, children, or other loved ones who may need to coordinate care or finances.

  • Own a business, manage investments, or have recurring bills that need attention if you cannot handle them.

  • Want to choose a health care representative and communicate your values before an emergency.

  • Have existing documents that are old, incomplete, difficult to locate, or created in another state.

  • Have experienced a major life change, such as marriage, divorce, a new child, relocation, or a change in health or finances.

Planning needs are individual. These examples are prompts for a conversation, not a legal checklist.

COMMON PLANNING GAPS

Common Planning Mistakes to Avoid

  • Assuming a spouse or adult child automatically has authority to manage finances or make every health care decision.

  • Treating a HIPAA authorization as if it were a financial power of attorney or health care appointment.

  • Naming an agent without discussing the role, responsibilities, and where documents will be stored.

  • Using an outdated form or signing without meeting the applicable execution requirements.

  • Forgetting to review documents after a move, major life change, or change in the people you trust.

  • Giving broad authority without understanding what the document permits.

An attorney can explain legal scope, execution requirements, and whether different documents should work together.

COMMON QUESTIONS

Frequently Asked POA Questions

Is a durable power of attorney the same as a medical power of attorney?

No. A durable financial power of attorney concerns financial authority. Oregon uses an advance directive and health care representative appointment for health care planning. People may use “medical power of attorney” informally, but the documents and authority are different.

Does a power of attorney let my agent make decisions after I die?

No. A power of attorney is a lifetime planning tool and ends at death. A will, trust, beneficiary designation, or other applicable arrangement addresses what happens after death.

Does my family automatically get access to my medical information?

Not in every situation. HIPAA and other applicable laws allow some disclosures, and a personal representative’s authority may depend on state law and the person’s legal role. A written HIPAA authorization can provide a specific permission for disclosure. Ask your provider and an attorney how to document the access you want.

Is a HIPAA release the same as appointing a health care representative?

No. A HIPAA authorization addresses disclosure of health information. An advance directive can appoint a health care representative to make covered health care decisions if you cannot make or communicate them. They may complement each other but do different things.

When does an advance directive take effect?

Changes and revocation depend on the document and applicable law. Do not assume that writing on an existing document or completing a new form automatically handles every prior document.

Can I change my agent or health care representative?

Adults of any age can benefit from thinking through who they trust and what support they would want. These documents may be especially worth reviewing when you:

Where should I keep these documents?

Keep signed documents accessible and secure, tell your chosen agents and representative where to find them, and ask your providers whether they can store copies in your medical record. Give copies to the people and institutions that need them, consistent with your wishes.

Getting Started

YOUR NEXT STEP

You don’t need to have everything figured out before we talk. Share what you want to protect, the questions you have about your planning options, or the decisions you’re trying to make. We’ll listen and help you identify a clear next step.

Fortis Planning

Estate planning education and coordination to help families protect what matters most.

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Fortis Planning LLC

Fortis Planning, LLC provides estate planning education and coordination. We are not a law firm and do not provide legal, tax, accounting, or investment advice. Legal documents are prepared and reviewed by licensed attorneys in the applicable state. Consult qualified professionals about your individual circumstances.

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