Title 13, Protective Proceedings; Powers of Attorney; Trusts

(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 recommenda…

(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). (2) For purposes of this section, “princ…

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 app…

A conservator may perform the following acts only with prior court approval: (1) Convey or release contingent or expectant interests of the protected person in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the en…

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: (1) Collect, hold and retain assets of the estate including land wherever sit…

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 …

(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. (2) Except as provided in this section and ORS 125.4…

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 k…

(1) The court may order any person to appear and give testimony by deposition if it appears probable that the person: (a) Has concealed, secreted or disposed of any property of the protected person; (b) Has been entrusted with property of the protected person and fails to account…

(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 conser…

(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 prot…

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 acco…

(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: (a) The contract specifically makes the conservator liable in a personal capacity; or (b) The conservator fails to …

(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 pe…

(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 conservato…

(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. (2) A creditor of the protected person or the estate of the protected person whose claim is secured may not exe…

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 conservato…

(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: (a) File in the conservatorship proceeding a request for a summary determination of the claim by the cour…

(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: (a) The period of time beginning at the presentation of a claim and ending 30 days after the claim is disallowed. (b) If the claim is not all…

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: (1) Funds needed for the current care, maintenance and suppo…

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: (1) Immediately, to the extent that the assets are not required for payment of expenses of administration a…

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 t…

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 …

(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 st…

(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 …

(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. (2) Notice of a petition for the appointment of a temporary fiduciary must be given to the persons sp…

(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: (a) When the temporary fiduciary completes th…

(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 appointme…

For purposes of ORS 125.675 to 125.691: (1) “Client” means a person who receives public guardian and conservator services from the Oregon Public Guardian and Conservator. (2) “Deputy public guardian and conservator” means a person who is employed by or under contract with the Ore…

(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 Or…

The Oregon Public Guardian and Conservator shall: (1) Educate the public about the role and function of the Oregon Public Guardian and Conservator and about public guardian and conservator services. (2) Provide public guardian and conservator services for persons who do not have …

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 …

(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 an…

(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. (2) A volunteer of the Oregon Public Guardian …

(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 Conser…

(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: (a) Moneys appropriated o…

(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 Perso…

(1) As used in this section and ORS 125.694, “highly vulnerable adult” means a person with a disability who is: (a) At least 18 years of age; (b) At imminent risk of serious harm; and (c) Unable to independently protect the person from the harm due to the effects of the person’s …

(1) As used in this section, “personal representative” and “protected health information” have the meanings given those terms in ORS 192.556. (2) All information and records acquired by a high-risk team established under ORS 125.693 in the exercise of its duties are confidential …

The county court or board of county commissioners of any county: (1) After making a determination that there exists a need within the county for a guardian or conservator for persons who do not have relatives or friends willing to serve as a guardian or conservator and capable of…

(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 o…

(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 …

(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 sha…

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 …

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…

(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 cours…

ORS 125.800 to 125.852 may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. [2009 c.179 §1] Note: 125.800 to 125.852 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 125 or any series ther…

As used in ORS 125.800 to 125.852: (1) “Adult” means an individual who has attained 18 years of age. (2) “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under ORS chapter 125. (3) “Conservatorship order” mea…

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] Note: See note under 125.800.

(1) A court of this state may communicate with a court in another state concerning a proceeding arising under ORS 125.800 to 125.852. The court may allow the parties to participate in the communication. Except as provided in subsection (2) of this section, the court shall make a …