Benton County Quitclaim Deed (Individual Grantor by Attorney-in-Fact) Form

The owner's interest moves and the owner never picks up a pen. Oregon allows exactly that: ORS 93.010 provides that a conveyance of land may be made by deed signed by the person from whom the interest passes, or by the lawful agent or attorney of that person. This Oregon quitclaim deed is built on that sentence, with one individual record owner as Grantor and one attorney-in-fact signing under a power of attorney.

Where the agent's authority comes from

Oregon keeps its financial power of attorney law short. Under ORS 127.005(1) a power of attorney in writing takes effect when executed and runs until the principal or the document's own terms revoke it, or until every agent's authority ends under ORS 127.015; the powers are unaffected by the passage of time and stay exercisable after the principal becomes financially incapable. Durability is the statutory default, not a phrase to hunt for. The series supplies no list of granted powers, so an agent's reach over real property is read from the document, alongside ORS 127.045: an agent uses the principal's property for the principal's benefit unless the document says otherwise.

The power of attorney in the county records

A power carrying authority to convey land has its own place in the land records. Under ORS 93.670(1), once acknowledged the way conveyances are, it may be recorded in the clerk's office of any county where the land lies, and it may then be read in evidence in an Oregon court without further proof. Subsection (2) is what makes a recorded power dependable later: an act of the principal does not revoke it unless the revocation instrument reaches the same office. Section 5 of this deed takes the date of the power and, where recorded, its reference, which a title examiner follows. A companion instrument sits beside it: the agent's affidavit under ORS 127.015(4), stating no actual knowledge of revocation or termination, executed and recorded separately.

The attorney-in-fact configuration

Section 1 names the record owner, who is the principal and does not sign. Section 4 names the agent, who does. Section 9 has the Grantor act by and through the Attorney-in-Fact, states that the signer acts in that capacity alone without personal obligation, and adds the signer's statement that the power is in effect and unrevoked so far as the signer knows. One signature line follows, under a role line reading GRANTOR, BY ATTORNEY-IN-FACT, and then one certificate in the representative capacity wording of ORS 194.285, which prints the authority and the party after the name blank; ORS 194.215 puts an agent or attorney-in-fact inside that definition. An owner overseas during a closing, an owner whose durable power was signed years earlier, and an agent releasing a stray interest that clouds a neighbor's title present the pattern this deed carries. The form recites one owner and one agent signing under one power of attorney; an owner signing personally, two owners signing together, a trustee, a personal representative, and a company officer each state a different capacity and take certificate wording this form does not draw.

How far the statutory words reach

Filed as a quit claim deed or typed as a quitclaim, the instrument works through the operative words of ORS 93.865. What the Grantor holds when the deed is dated is what the Grantee gets, legal or equitable, with no title covenant, nothing from a later acquisition, and no estoppel. ORS 93.110 lets those words pass any estate the owner could lawfully convey, and ORS 93.865(3) leaves a grantee's good faith purchaser standing alone. Liens and easements ride through untouched.

At the recording counter

The deed goes to the clerk of the county holding the land, and ORS 93.640 rewards getting there: an unrecorded conveyance gives way to a later good faith purchaser for value who records first. Page one answers ORS 205.234 and keeps its top two inches clear for the county label, and the sheet prints at 12 point inside the ORS 205.232 limits. County schedules carry the cost, several reset on July 1, 2026 when Oregon Laws 2025 chapter 98 lifted a cap on the Public Land Corner Preservation fee, and a power presented with the deed records as its own instrument at its own fee.

The package holds the fillable deed, a completed example prepared for a Yamhill County release, and a plain language guide to every numbered section, the certificate, and the recording steps. These materials describe Oregon law in general terms and are not legal advice.