Oregon Power of Attorney for Minor Child: ORS 109.056 Explained

What ORS 109.056 Does

Oregon's Delegation of Parental Powers — commonly called a power of attorney for a minor child — lets a legal parent or guardian transfer decision-making authority over a child to another adult. The parent signs a written power of attorney naming the caregiver as their "attorney-in-fact" for the child's care, custody, medical, and educational decisions.

The key distinction from a Relative Caregiver Affidavit: the parent must be available and willing to sign. This is a bilateral document — both parties participate.

Duration Limits

ORS 109.056 imposes strict time caps that no other document or agreement can override:

• Standard delegation: Maximum 6 months
• Delegation to a school administrator: Up to 12 months
• Active-duty military parent: Duration of the deployment plus 30 days

When the delegation expires, it is gone. If the parent is still unavailable, you need a new signed delegation or a different legal instrument. There is no automatic renewal.

What It Covers

The delegation can grant authority over:

• Care and day-to-day custody of the child
• Medical, dental, and mental health decisions
• Educational enrollment and school decisions
• Property matters related to the child

Two things it cannot delegate: consent to the child's marriage and consent to the child's adoption. Those require court proceedings, not paperwork between private parties.

How to Execute It

The parent signs a written power of attorney that names the caregiver (attorney-in-fact) and specifies exactly which powers are being delegated. While ORS 109.056 does not explicitly require notarization, standard practice — and the reality of what schools and clinics will accept — means the parent's signature should be notarized.

If the parent is incarcerated, most Oregon Department of Corrections facilities have notary services available. Mail the unsigned form to the facility, and the parent can sign and have it notarized inside.

The delegation can be revoked at any time by the parent delivering written notice to the caregiver and any third-party institutions relying on the document.

When This Is the Right Choice

Use ORS 109.056 when:

• The parent is cooperative and able to sign (even if incarcerated or in treatment)
• You are not related to the child by blood, marriage, or adoption (non-relatives cannot use the Relative Caregiver Affidavit)
• You need broader authority than an affidavit provides (property decisions, for example)
• The parent specifically wants to choose who cares for the child and define the scope

If the parent is unreachable, unresponsive, or refuses to sign, this instrument is not available. Adult relatives can turn to the Relative Caregiver Affidavit under ORS 109.575 instead. Non-relatives with an uncooperative parent need court-ordered guardianship.

HB 2331: What Happened

In 2025, House Bill 2331 proposed restricting a parent's ability to delegate parental powers when the child was in ODHS (Oregon Department of Human Services) custody. The bill failed to pass and died in committee on June 27, 2025. ORS 109.056 remains unamended, and standard delegations are fully operative.

Where to Get the Form

Oregon Law Help publishes a free template for the Delegation of Parental Powers at oregonlawhelp.org. The form includes fields for specifying exactly which powers are delegated and the duration.

If you need help deciding between this delegation and the caregiver affidavit — or you want step-by-step instructions for completing the form, getting it accepted at the school and clinic counter, and tracking when it expires — the Oregon School and Medical Consent Guide walks through both instruments and every scenario in between.

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