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Oregon Revised Statutes

Or. Rev. Stat. § 109.056 (2026)

Delegation of certain powers by parent or guardian; delegation during period of military service

✓ current as of May 2026
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      109.056 Delegation of certain powers by parent or guardian; delegation during period of military service. (1) Except as provided in subsection (2) or (3) of this section, a parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian regarding care, custody or property of the minor child or ward, except the power to consent to adoption of a minor ward.

      (2) A parent or guardian of a minor child may delegate the powers designated in subsection (1) of this section to a school administrator for a period not exceeding 12 months.

      (3)(a) As used in this subsection, “servicemember-parent” means a parent or guardian:

      (A) Who is:

      (i) A member of the organized militia of this state;

      (ii) A member of the Reserves of the Army, Navy, Air Force, Marine Corps, Coast Guard or Space Force of the United States;

      (iii) A member of the commissioned corps of the National Oceanic and Atmospheric Administration; or

      (iv) A member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States; and

      (B) Who is required to enter and serve in the active military service of the United States under a call or order by the President of the United States or to serve on state active duty as defined in the Oregon Code of Military Justice.

      (b) A servicemember-parent of a minor child may delegate the powers designated in subsection (1) of this section for a period not exceeding the term of active duty service plus 30 days.

      (c) Except as provided in paragraph (d) of this subsection, if the minor child is living with the child’s other parent, a delegation under paragraph (b) of this subsection must be to the parent with whom the minor child is living unless a court finds that the delegation would not be in the best interests of the minor child.

      (d) When the servicemember-parent has joint custody of the minor child with the child’s other parent or another individual, and the servicemember-parent is married to an individual other than the child’s other parent, the servicemember-parent may delegate the powers designated in subsection (1) of this section to the spouse of the servicemember-parent for a period not exceeding the term of active duty service plus 30 days, unless a court finds that the delegation would not be in the best interests of the minor child. [Formerly 126.030; 2005 c.79 §4; 2007 c.250 §1; 2012 c.106 §2; 2013 c.81 §22; 2025 c.224 §5; 2025 c.453 §3]

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: Dep't of Human Servs. v. J. R., 360 P.3d 531 (Or. Ct. App. 2015).
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Dep't of Human Servs. v. J. R., 360 P.3d 531 (Or. Ct. App. 2015). · cites it 2× “ORS 109.056(1) provides, in part: “[A] parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian regarding care, custody or…”
— Or. Rev. Stat. § 109.056(1) — 1 case
Dep't of Human Servs. v. J. R., 360 P.3d 531 (Or. Ct. App. 2015). “ORS 109.056(1) provides, in part: “[A] parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian regarding care, custody or…”
— Or. Rev. Stat. § 109.056(l) — 1 case
Dep't of Human Servs. v. J. R., 360 P.3d 531 (Or. Ct. App. 2015). “ORS 109.056(1) provides, in part: “[A] parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian regarding care, custody or…”
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