Chapter 125 — Chapter 125

ORS 125.420 Power of conservator over property of protected person. A conservator shall take possession of all the property of substantial value of the protected person, and of rents, income, issues and profits from those properties whether accruing before or after the appointment of the conservator. The conservator shall also take possession of all proceeds from the sale, mortgage, lease or other disposition of property of the protected person. The conservator may permit the protected person to retain possession and control of property and funds for living requirements as appropriate to the needs and capacities of the protected person. The title to all property of the protected person is in the protected person and not in the conservator. [1995 c.664 §38]

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ORS 125.425 Powers of conservator to pay expenses of protected person and dependents. (1) A conservator may expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or benefit of the protected person and the dependents of the protected person after the conservator considers recommendations relating to the appropriate standard of support, education, care and benefit for the protected person made by any parent or guardian of the protected person. The conservator is not personally responsible for sums paid to persons or organizations furnishing support, education, care or benefit to the protected person pursuant to the recommendations of a parent or guardian of the protected person unless

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ORS 125.430 Sale of protected person’s residence. (1) A protected person’s principal residence may be sold by a conservator only with the prior approval of the court. A motion seeking prior approval must be filed with the court and notice given to the persons specified in ORS 125.060 (3)

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ORS 125.435 Power of conservator to make gifts. If the estate has adequate funds to provide for the purposes specified in ORS 125.425, a conservator may make gifts on behalf of the protected person for such purposes as the protected person might have been expected to make. The conservator may make gifts without prior court approval of up to $250 to a person in a calendar year, not to exceed an aggregate amount of $1,000 for all gifts in a calendar year. The conservator must have prior court approval for any other gifts. [1995 c.664 §41]

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ORS 125.440 Acts conservator may perform only with court approval. A conservator may perform the following acts only with prior court approval

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ORS 125.445 Acts authorized to be performed without prior court approval. A conservator may perform the following acts without prior court authorization or confirmation if the conservator is acting reasonably to accomplish the purposes for which the conservator was appointed

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ORS 125.450 Voidable transactions. Any sale or encumbrance to a conservator, the spouse, agent or attorney of the conservator, or any corporation or trust in which the conservator has a substantial beneficial interest, or any transaction that is otherwise affected by a substantial conflict of interest is voidable unless the transaction is approved by the court after the filing of a motion with the court seeking approval of the transaction. [1995 c.664 §44]

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ORS 125.455 Power of competent protected person over estate. (1) A protected person, if mentally competent, may make wills, change beneficiaries of life insurance and annuity policies and exercise any power of appointment or any elective right to share in the estate of a deceased spouse

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ORS 125.460 Consideration of estate plan of protected person. In investing the estate, selecting assets of the estate for distribution and utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall take into account any known estate plan of the protected person, including the will of the protected person, any revocable trust of which the protected person is settlor, and any contract, transfer or joint ownership arrangement with provisions for payment or transfer of benefits or interests at the death of the protected person to another or others that the protected person may have originated. The conservator may examine the will of the protected person. [1995 c.664 §46]

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ORS 125.465 Discovery of property; examination by conservator. (1) The court may order any person to appear and give testimony by deposition if it appears probable that the person

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ORS 125.470 Filing of inventory required; supplemental inventory. (1) Within 90 days after the date of appointment, unless a longer time is granted by the court, a conservator must file in the protective proceeding an inventory of all the property of the estate of the protected person that has come into the possession or knowledge of the conservator. The inventory must show the estimates by the conservator of the respective true cash values as of the date of the protective order. If the protected person has attained 14 years of age, a copy of the inventory must be served on the protected person personally or by mail

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ORS 125.475 Conservator’s accounting to court; contents. (1) Unless the court by order provides otherwise, a conservator shall account to the court for the administration of the protected estate within 60 days after each anniversary of appointment. In addition, a conservator shall account to the court for the administration of the protected estate

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ORS 125.480 Approval of accounting. Subject to appeal or vacation within the time allowed by law, an order, made upon notice and hearing, allowing an intermediate accounting of a conservator, is final as to the liabilities of the conservator concerning the matters considered in connection with the intermediate accounting. An order, made upon notice and hearing, allowing a final accounting is final as to all previously unsettled liabilities of the conservator to the protected person or successors relating to the conservatorship. [1995 c.664 §50]

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ORS 125.485 Liability of conservator. (1) A conservator is not personally liable on a contract entered into in the fiduciary capacity of the conservator in the course of administering the estate unless

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ORS 125.490 Status of persons dealing with conservator. (1) A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring a court order under the provisions of this chapter is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not require the person to inquire into existence of a power or the propriety of its exercise, except that restrictions on powers of conservators that are indorsed on letters are effective as to third persons. A person is not required to see to the proper application of estate assets paid or delivered to a conservator

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ORS 125.495 Payment of claims against estate or protected person. (1) A conservator shall pay from the estate claims against the estate and against the protected person arising before or after the conservatorship upon their presentation, allowance and maturity. Claims that become absolute at an uncertain event may not be allowed. The conservator may allow claims against the estate of a protected person in part and disallow them in part

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ORS 125.500 Enforcement of claim against estate or protected person. (1) An action upon a claim may not be brought until the claim is disallowed or until 60 days have elapsed from the date of its presentment without allowance of payment

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ORS 125.505 Notice of claim to conservator. If a proceeding is pending against a protected person at the time of appointment of a conservator or is commenced against the protected person after appointment of a conservator, the plaintiff must give notice of the proceeding to the conservator or the attorney of the conservator if any judgment or order arising out of the proceeding will constitute a claim against the estate. [1995 c.664 §55]

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ORS 125.510 Procedure where claim disallowed. (1) If the conservator disallows a claim in whole or in part, or if the conservator does not allow or disallow a claim within 60 days after it is presented, the claimant may

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ORS 125.515 Effect of presentation of claim on statute of limitations. (1) The following periods of time shall not be part of the time limited for the commencement of an action under any statute of limitation

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ORS 125.520 Order of payment of expenses and claims. If it is likely that the estate of the protected person will be exhausted before all claims against the estate are paid, the conservator shall give preference in the payment of claims in the following order of priority

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ORS 125.525 Termination of conservatorship. An order terminating the conservatorship of a living person shall direct the conservator to deliver the assets in the possession of the conservator to the protected person

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ORS 125.530 Powers and duties of conservator on death of protected person. If a protected person dies and the conservator has possession of a will of the protected person, the conservator shall either deliver the will to the personal representative named in the will or deliver the will to the court for safekeeping. If the conservator delivers the will to the court for safekeeping, the conservator must inform any personal representative named in the will that the conservator has made that delivery. If it is not possible to inform the named personal representative, the conservator shall inform the beneficiaries named in the will of the delivery. The conservator shall retain and administer the estate for delivery to the personal representative of the decedent or other persons entitled to the estate. [1995 c.664 §60; 1997 c.717 §8]

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ORS 125.535 Disposition of small estate. If at any time the estate of a protected person consists of personal property having a value not exceeding by more than $10,000 the aggregate amount of unpaid expenses of administration of the protected estate and claims against the estate, the conservator, with prior accounting and approval of the court by order, may pay the expenses and claims from the estate and deliver all the remaining personal property to the person designated by the court in the order, to be held, invested or used as ordered by the court. The recipient of the property shall give a receipt to the conservator. The receipt is a release of and acquittance to the conservator as to the property delivered. The conservator shall file in the protective proceeding proper receipts or other evidence satisfactory to the court showing the delivery. Upon the court receiving the evidence, the court shall enter an order terminating the protective proceeding. [1995 c.664 §61]

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ORS 125.540 Payment of debt and delivery of property to foreign conservator. (1) A person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action belonging to a protected person, may make payment or delivery to a conservator, guardian or other fiduciary appointed by a court of the state where the protected person resides, upon being presented with proof of appointment and an affidavit made by the fiduciary stating that

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ORS 125.600 In general. (1) A temporary fiduciary who will exercise the powers of a guardian may be appointed by the court if the court makes a specific finding by clear and convincing evidence that the respondent is incapacitated or a minor, that there is an immediate and serious danger to the life or health of the respondent, and that the welfare of the respondent requires immediate action

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ORS 125.605 Procedure for appointment of temporary fiduciary. (1) In addition to the requirements of ORS 125.055, a petition for the appointment of a temporary fiduciary must contain allegations of the conditions required under ORS 125.600

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ORS 125.610 Report of temporary fiduciary. (1) A temporary fiduciary shall file a report with the court setting out all activities of the temporary fiduciary under the authority of the appointment. Except as provided in subsection (2) of this section, the report must be filed

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ORS 125.650 Other protective orders; filing fee. (1) The court may enter protective orders without the appointment of a fiduciary or in addition to appointment of a fiduciary. A petition for a protective order that does not seek the appointment of a fiduciary is subject to all requirements prescribed for petitions for appointment of a fiduciary. A single filing fee shall be collected pursuant to ORS 21.135 (1) for a petition for a protective order regardless of whether the petition requests multiple protective orders. A court may enter a protective order other than appointment of a fiduciary only upon a determination that grounds exist for the appointment of a fiduciary

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ORS 125.675 Definitions. For purposes of ORS 125.675 to 125.691

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ORS 125.678 Appointment; term; responsibilities; delegation of duties; rules. (1) The Long Term Care Ombudsman appointed under ORS 441.403, in consultation with the Residential Ombudsman and Public Guardianship Advisory Board, shall appoint the Oregon Public Guardian and Conservator in the office of the Long Term Care Ombudsman for a four-year term. The Oregon Public Guardian and Conservator serves at the pleasure of the Long Term Care Ombudsman and may be removed by the Long Term Care Ombudsman for good cause. If there is a vacancy for any cause, the Long Term Care Ombudsman shall make an appointment within 60 days. The Oregon Public Guardian and Conservator shall receive a salary as fixed by the Long Term Care Ombudsman and be reimbursed for all reasonable travel and other expenses incurred in the performance of official duties

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ORS 125.680 Duties of Oregon Public Guardian and Conservator. The Oregon Public Guardian and Conservator shall

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ORS 125.681 Authority to require fingerprints of employees, volunteers or contractors. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Public Guardian and Conservator may require the fingerprints of an employee of the Oregon Public Guardian and Conservator, an applicant for employment with the Oregon Public Guardian and Conservator or a volunteer or party under contract with the Oregon Public Guardian and Conservator. [2017 c.310 §6]

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ORS 125.683 Needs assessment; access to records; written plan for services. (1) In providing public guardian and conservator services, the Oregon Public Guardian and Conservator shall conduct a needs assessment for a person who claims or is claimed not to have relatives or friends willing or able to assume the duties of guardianship or conservatorship and who claims or is claimed to lack the financial resources to obtain a private guardian or conservator. The purpose of the needs assessment is to determine the person’s eligibility to receive public guardian and conservator services and to determine the appropriateness of filing a petition for the appointment of a fiduciary or other pleading on behalf of the person in a court having probate jurisdiction. The needs assessment shall, at a minimum

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ORS 125.685 Deputy public guardian and conservator; volunteer requirements and responsibilities. (1) A deputy public guardian and conservator providing public guardian and conservator services under ORS 125.675 to 125.691 must be certified as a deputy public guardian and conservator by the Oregon Public Guardian and Conservator

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ORS 125.687 Limitations of court on appointment of Oregon Public Guardian and Conservator; bond; fees and compensation. (1) A court may not appoint the Oregon Public Guardian and Conservator as a fiduciary for a person unless the Oregon Public Guardian and Conservator has petitioned for or consented to the appointment. If appointed as a fiduciary by the court, the Oregon Public Guardian and Conservator, and any deputy public guardian and conservator designated to act on behalf of the Oregon Public Guardian and Conservator, shall serve as provided in this chapter and ORS 127.005 and 127.015, except as expressly stated otherwise in ORS 125.675 to 125.691 or by order of the court

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ORS 125.689 Oregon Public Guardian and Conservator Fund. (1) The Oregon Public Guardian and Conservator Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Public Guardian and Conservator Fund shall be credited to the fund. The fund consists of

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ORS 125.691 Oregon Public Guardian and Conservator Protected Person Trust Account. (1) The Oregon Public Guardian and Conservator Protected Person Trust Account is established in the State Treasury separate and distinct from the General Fund and the Oregon Public Guardian and Conservator Fund. Moneys in the Oregon Public Guardian and Conservator Protected Person Trust Account consists of moneys received on behalf of persons for whom the Oregon Public Guardian and Conservator has been appointed as a guardian or conservator. All moneys in the account are continuously appropriated to the Oregon Public Guardian and Conservator to be used for the benefit of a person for whom the Oregon Public Guardian and Conservator has been appointed as a guardian or conservator and on whose behalf the Oregon Public Guardian and Conservator has received moneys

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ORS 125.693 High-risk teams; appointment; membership; duties. (1) As used in this section and ORS 125.694, “highly vulnerable adult” means a person with a disability who is

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ORS 125.694 Confidentiality. (1) As used in this section, “personal representative” and “protected health information” have the meanings given those terms in ORS 192.556

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ORS 125.700 Office of county public guardian and conservator; expenses; termination. The county court or board of county commissioners of any county

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ORS 125.705 Effect of vacancy in office of county public guardian and conservator. (1) The person appointed to the office of county public guardian and conservator shall serve in the office at the pleasure of the appointing authority. If the person holding the office of county public guardian and conservator is removed from office, dies, becomes incapacitated or resigns, the removal, death, incapacity or resignation shall operate to remove the county public guardian and conservator as guardian and conservator of all estates then under the guardianship and conservatorship of the person

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ORS 125.710 Powers and duties of county public guardian and conservator. (1) The county public guardian and conservator may serve as the guardian or conservator, or both, of any person of whom the court having probate jurisdiction in the county may have jurisdiction. The county public guardian and conservator may serve as guardian or conservator upon the petition of any person or upon the petition of the county public guardian and conservator

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ORS 125.715 Bond; exoneration of surety. (1) Before entering into office as county public guardian and conservator, the person appointed to the office shall file an official bond in such amount as may be fixed from time to time by the board of county commissioners or the court having probate jurisdiction, which bond shall inure to the joint benefit of the several guardianship and conservatorship estates in which the person is acting as guardian or conservator and the county. The county public guardian and conservator shall not be required to file bonds in individual estates

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ORS 125.720 Deposit of funds. All funds coming into the custody of the county public guardian and conservator shall be deposited in the county treasury and disbursed by proper warrant, or shall be deposited in one or more banks or invested in one or more insured savings and loan associations authorized to do business within the county, or as provided by ORS 125.445 (5). [Formerly 126.945; 2014 c.117 §17]

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ORS 125.725 Reimbursement of county public guardian and conservator’s expenses from estate of ward or protected person. The county public guardian and conservator shall have a claim against the ward’s or protected person’s estate for reasonable expenses incurred in the execution of the guardianship or conservatorship and such compensation for services and those of the attorney of the county public guardian and conservator as the court having probate jurisdiction in the county deems just and reasonable. If the county public guardian and conservator is compensated by the county for services, any reimbursement of expenses or compensation shall be paid to the county. [Formerly 126.955; 2014 c.117 §18]

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ORS 125.730 Fees prohibited. (1) No fee shall be charged or received by any court having probate jurisdiction for the filing of any petition asking for the appointment of the county public guardian and conservator as the guardian or conservator or for any official service performed by that court in the course of the guardianship or conservatorship proceedings

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ORS 125.800 Short title. ORS 125.800 to 125.852 may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. [2009 c.179 §1]

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ORS 125.802 Definitions. As used in ORS 125.800 to 125.852

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ORS 125.805 International application. A court of this state may treat a foreign country as if it were a state for the purpose of applying ORS 125.800 to 125.840, 125.850 and 125.852. [2009 c.179 §3]

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