Title 13, Protective Proceedings; Powers of Attorney; Trusts

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…

If a conservator has been appointed in another state and a petition for a conservatorship order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the conservatorship order…

(1) Upon registration of a guardianship or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proce…

In applying and construing ORS 125.800 to 125.852, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [2009 c.179 §21] Note: See note under 125.800.

ORS 125.800 to 125.852 modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do not modify, limit or supersede section 1(c) of that Act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the noti…

(1) A person under a duty to pay or deliver money or personal property to a minor may pay or deliver the money or property, in amounts not exceeding $10,000 per year, to: (a) A person having the care and custody of the minor with whom the minor resides; (b) A guardian of the mino…

(1) A person having legal custody of a minor may enter into a settlement agreement with a person against whom the minor has a claim if: (a) A conservator has not been appointed for a minor; (b) The total amount of the claim, not including reimbursement of medical expenses, liens,…

(1) Except as provided in subsection (4) of this section, a person under a duty to pay moneys to a minor pursuant to a judgment of the court in an amount not exceeding $25,000 may pay the moneys to a person having legal custody of the minor or to a guardian of the minor. Unless t…

(1) The Legislative Assembly finds that there are in the State of Oregon unemancipated minors entitled to payment or delivery of moneys under ORS 126.700, 126.725 or 126.730 who are capable of establishing and maintaining a bank account in their sole name for their sole use and a…

As used in ORS 126.805 to 126.886, except where the context otherwise requires: (1) “Adult” means any person who has attained the age of 21 years. (2) “Beneficiary” means a person for whose benefit a transfer has been made to a custodian. (3) “Broker” means a person lawfully enga…

(1) ORS 126.805 to 126.886 apply to a transfer that refers to ORS 126.805 to 126.886 in the designation under ORS 126.832 (1) by which the transfer is made if at the time of the transfer, the transferor, the beneficiary or the custodian is a resident of this state or the custodia…

(1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a beneficiary upon the occurrence of the event by naming the custodian followed in substance by t…

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a beneficiary pursuant to ORS 126.832. [1985 c.665 §5; 2005 c.349 §4]

(1) A personal representative or trustee may make an irrevocable transfer pursuant to ORS 126.832 to a custodian for the benefit of a beneficiary as authorized in the governing will or trust. (2) If the testator or settlor has nominated a custodian under ORS 126.812 to receive th…

(1) Subject to subsection (3) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to ORS 126.832, in the absence of a will or under a will or trust that does not …

(1) Subject to subsections (2) and (3) of this section, a person not subject to ORS 126.819 or 126.822 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to ORS …

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to ORS 126.805 to 126.886. [1985 c.665 §9]

(1) Custodial property is created and a transfer is made if any of the following occur: (a) An uncertificated security or a certificated security in registered form is either: (A) Registered in the name of the transferor, in the name of an adult other than the transferor or the b…

(1) A transfer may be made only for one beneficiary and only one person may be the custodian. All custodial property held under ORS 126.805 to 126.886 by the same custodian for the benefit of the same beneficiary constitutes a single custodianship. (2) A transfer may be made for …

(1) The validity of a transfer made in a manner prescribed in ORS 126.805 to 126.886 is not affected by: (a) Failure of the transferor to comply with ORS 126.832 (4) concerning possession and control; (b) Designation of an ineligible custodian, except designation of the transfero…

(1) A custodian shall: (a) Take control of custodial property; (b) Register or record title to custodial property if appropriate; and (c) Collect, hold, manage, invest and reinvest custodial property. (2) In dealing with custodial property, a custodian shall observe the standard …

(1) A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers and authority in that capacity only. (2) This section does…

(1) A custodian may deliver or pay to the beneficiary or expend for the beneficiary’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the beneficiary, without court order and without regard to: (a) The duty or ability of t…

(1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties. (2) Except for one who is a transferor under ORS 126.816, a custodian has a noncumulative election during each calendar year to char…

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: (1) The va…

(1) A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of custodial property or a tort committed during the custodianship, may be asserted against the custodial property by proceeding against…

(1) A person nominated under ORS 126.812 or designated under ORS 126.832 as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor’s legal representative. If the event giving rise to a transfer …

(1) A beneficiary who has attained 14 years of age, the beneficiary’s guardian or legal representative, an adult member of the beneficiary’s family, a transferor or a transferor’s legal representative may petition the court: (a) For an accounting by the custodian or the custodian…

Except as provided in ORS 126.872, the custodian shall transfer in an appropriate manner the custodial property to the beneficiary or to the beneficiary’s estate upon the earlier of: (1) The beneficiary’s attainment of 21 years of age with respect to custodial property transferre…

(1) Except as provided in this section, a person making a transfer to a custodian under ORS 126.816 or 126.819 may provide for a delayed transfer of the custodial property to the beneficiary at a specific time after the beneficiary attains the age of 21 years and: (a) Before the …

The custodian is not required to account to the beneficiary or to any other person for the acts and proceedings of the custodian unless the beneficiary, a parent of the beneficiary, the legal representative of the beneficiary or a successor custodian petitions the circuit court f…

ORS 126.805 to 126.886 apply to a transfer within the scope of ORS 126.809 made after January 1, 1986, if: (1) The transfer purports to have been made under the Oregon Uniform Gifts to Minors Act; or (2) The instrument by which the transfer purports to have been made uses in subs…

(1) Any transfer of custodial property made before January 1, 1986, is validated notwithstanding that there was no specific authority in ORS 126.805 to 126.886 prior to January 1, 1986, for the coverage of custodial property of that kind or for a transfer from that source at the …

ORS 126.805 to 126.886 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ORS 126.805 to 126.886 among states enacting it. [1985 c.665 §24]

ORS 126.805 to 126.886 may be cited as the “Oregon Uniform Transfers to Minors Act.” [1985 c.665 §25]

For the purposes of ORS 127.005 to 127.045: (1) “Agent” includes an attorney-in-fact. (2) “Financially incapable” has the meaning given that term in ORS 125.005. (3) “Incapacitated” has the meaning given that term in ORS 125.005. [2009 c.46 §1; 2021 c.272 §6; 2023 c.9 §8]

(1) When a principal designates another person as an agent by a power of attorney in writing, and the power of attorney does not contain words that otherwise delay or limit the period of time of its effectiveness: (a) The power of attorney becomes effective when executed and rema…

(1) The authority of an agent under a power of attorney terminates upon the occurrence of any of the following: (a) The principal dies. (b) The principal or the court revokes the power of attorney. (c) The agent dies, becomes financially incapable or incapacitated or resigns. (d)…

A person may not refuse to recognize the authority of an agent under a power of attorney based solely on the passage of time since the power of attorney was executed. [2001 c.395 §1; 2009 c.46 §4]

Any person who reasonably relies in good faith on the authority of an agent under a power of attorney is not liable to any other person based on that reliance, and is not required to ensure that assets of the principal that are paid or delivered to the agent are properly applied.…

Unless otherwise provided in the power of attorney document, an agent must use the property of the principal for the benefit of the principal. [2001 c.395 §3; 2009 c.46 §6]

As used in ORS 127.505 to 127.660 and 127.995: (1) “Adult” means an individual who: (a) Is 18 years of age or older; or (b) Has been adjudicated an emancipated minor, or is a minor who is married. (2)(a) “Advance directive” means a document executed by a principal that contains: …

Capable adults may make their own health care decisions. [1993 c.767 §2] (Formalities of Executing Advance Directive)

(1) A capable adult may execute an advance directive. The advance directive is effective when it is signed by the principal and witnessed or notarized as described in ORS 127.515. (2)(a) A capable adult may use a form appointing a health care representative to appoint a competent…

(1) An advance directive form set forth in ORS 127.529 or a form appointing a health care representative set forth in ORS 127.527 may be executed by an Oregon resident or by a resident of any other state while physically present in this state. (2) The form described in subsection…

(1) Except as provided in ORS 127.635 or as may be allowed by court order, the following persons may not serve as health care representatives: (a) If unrelated to the principal by blood, marriage or adoption: (A) The attending physician or attending health care provider of the pr…

(1) A person may accept appointment as a health care representative or an alternate health care representative in a form appointing a health care representative by: (a) Signing the acceptance of appointment; or (b) Representing to a third party that the person has accepted the au…

A form for appointing a health care representative and an alternate health care representative must be written in substantially the following form: ______________________________________________________________________________ FORM FOR APPOINTING HEALTH CARE REPRESENTATIVE AND AL…

An advance directive executed by an Oregon resident or by a resident of any other state while physically present in this state must be in substantially the following form: ______________________________________________________________________________ OREGON ADVANCE DIRECTIVE FOR …

(1) The Advance Directive Advisory Committee is established within the division of the Oregon Health Authority that is charged with performing the public health functions of the state. (2)(a) The committee consists of 13 members. (b) One member shall be the Long Term Care Ombudsm…