Oregon Revised Statutes

Or. Rev. Stat. § 108.100 (2026)

Spouses as attorney in fact for each other

✓ current as of May 2026

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108.100 Spouses as attorney in fact for each other. A spouse in a marriage may designate the other spouse to be the spouse’s attorney in fact to control, sell and convey, mortgage, or bar dower or curtesy for the spouses’ mutual benefit, and may revoke the designation to the same extent and in the same manner as other persons. [Amended by 2015 c.629 §23]

Notes of Decisions

Cited in 3 cases, 1955–1981 · leading case: Norwest v. Presbyterian Intercommunity Hosp., 631 P.2d 1377 (Or. Ct. App. 1981).

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Norwest v. Presbyterian Intercommunity Hosp., 631 P.2d 1377 (Or. Ct. App. 1981). · cites it 2× “See ORS 108.100, supra. Where the legislature has thoroughly involved itself in an area of the law and where its decisions in that area appear to set discreet boundaries, we think that it should be left to the legislature to change those boundaries, if they are to be changed,…”

Smith v. Smith, 287 P.2d 572 (Or. 1955). “See ORS 108.100. *294 Neither was liable for the debts of the other except in specified instances.”

Alldrin v. Lucas, 490 P.2d 141 (Or. 1971). “Defendants contend that a husband and wife relationship does not, of itself, make one the agent for the other, and the mere fact that Alice Lucas signed the mortgage does not justify the creation of agency by implication, relying on ORS 108.”

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