Title 13, Protective Proceedings; Powers of Attorney; Trusts

(1) A protected person is entitled to the same rights and procedures provided in the original proceedings when a motion to terminate the protective proceeding is filed and a fiduciary opposes the motion. The fiduciary has the burden of proving by clear and convincing evidence tha…

(1) Funds of a person subject to a protective proceeding may be used to pay reasonable fees, costs and disbursements to any visitor, attorney, physician, fiduciary or temporary fiduciary for services related to the protective proceeding or for services provided on behalf of a fid…

(1) As used in this section, “party” means a person represented by an attorney when a request for court approval and payment of attorney fees has been made relating to a protective proceeding under ORS 125.095. (2) A court shall consider the following factors in determining wheth…

(1) At any time after a presiding judge issues a court order described in subsection (5) of this section and after the appointment of a fiduciary that is not a financial institution or trust company as defined in ORS 706.008, the court, on its own motion or on the motion of any p…

(1)(a) The court shall appoint a visitor upon the filing of a petition in a protective proceeding that seeks the appointment of: (A) A guardian for an adult respondent; (B) A guardian for a minor respondent who is more than 16 years of age, in cases where the court determines the…

(1) A visitor shall file a report in writing with the court within 15 days after the visitor is appointed. The court may grant additional time for filing the visitor’s report upon a showing of necessity and good cause. (2) The report of the visitor appointed at the time a petitio…

At any time after the appointment of a fiduciary, the court may appoint a visitor. The court may require the visitor to perform any duty the visitor could have performed if appointed at the time the fiduciary was appointed, including interviewing relevant persons, examining relev…

(1) A presiding judge shall by court order establish: (a) Qualifications for persons serving as visitors for the court, in addition to those qualifications established by this section; and (b) Standards and procedures to be used by visitors in the performance of their duties. (2)…

A person appointed as a court visitor is immune from any liability for acts, omissions or errors in judgment, if the act, omission or error in judgment is made in good faith and within the scope of the person’s duties, responsibilities or functions as a court visitor. [2025 c.144…

(1) Not more than once each calendar year, the court may charge a respondent or protected person for any visitor services provided during the year. The court may order reimbursement to the state from the assets of the respondent or protected person for the cost of any interview o…

The court shall appoint the most suitable person who is willing to serve as fiduciary after giving consideration to the specific circumstances of the respondent, any stated desire of the respondent, the relationship by blood or marriage of the person nominated to be fiduciary to …

(1) A person is not qualified to serve as a fiduciary if the person: (a) Is incapacitated, financially incapable or a minor; (b) Is acting as a health care provider, as defined in ORS 127.505, for the protected person; or (c) Is the protected person’s parent or former guardian an…

(1)(a) A person nominated as a fiduciary shall inform the court of the circumstances of an event before the person is appointed if the person: (A) Has been convicted of a crime; (B) Has filed for or received protection under the bankruptcy laws; (C) Has caused any loss resulting …

(1) If the person filing a petition in a protective proceeding is also nominated in the petition as fiduciary for the respondent, the signature of the petitioner on the petition acts as acceptance of appointment upon entry of an order appointing the petitioner as fiduciary. If th…

(1) A fiduciary may employ a person in which the fiduciary has a pecuniary or financial interest only after disclosing the nature of the interest to the court if the person is employed for the purpose of providing direct services to the protected person or for the purpose of prov…

(1) A court shall remove a fiduciary whenever that removal is in the best interests of the protected person. (2) In addition to any other grounds, the court may remove a conservator if the conservator fails to use good business judgment and diligence in the management of the esta…

(1) Except as provided in subsection (3) of this section, a fiduciary’s authority terminates upon the death, resignation or removal of the fiduciary or upon the protected person’s death. If the fiduciary is a guardian appointed solely by reason of the minority of the protected pe…

A fiduciary is not personally liable to third persons for acts of the protected person solely by reason of being appointed fiduciary. [1995 c.664 §26]

(1) If a petition seeks the appointment of a professional fiduciary, the petition must contain the following information in addition to that information required under ORS 125.055: (a) Proof that the professional fiduciary, or an individual responsible for making decisions for cl…

ORS 125.221 and 125.240 do not apply to a financial institution, as defined in ORS 706.008, a trust company, as defined in ORS 706.008, or the Oregon Public Guardian and Conservator in proceedings under ORS 125.675 to 125.691. [1999 c.774 §5; 2017 c.310 §9] Note: 125.242 was enac…

(1)(a) Except as provided in paragraph (b) of this subsection, a guardian may be appointed for an adult person only as is necessary to promote and protect the well-being of the protected person. A guardianship for an adult person must be designed to encourage the development of m…

(1) After determining that conditions for the appointment of a guardian have been established, the court may appoint a guardian as requested if the court determines by clear and convincing evidence that: (a) The respondent is a minor in need of a guardian, the respondent is incap…

The court shall issue letters of guardianship to the guardian after the filing of any acceptance of the appointment and bond that may be required. A copy of the order appointing the guardian must be attached to the letters of guardianship. Letters of guardianship must be in subst…

(1) A guardian has the following powers and duties: (a) Except to the extent of any limitation under the order of appointment, the guardian has custody of the protected person and may establish the protected person’s place of abode within or without this state. (b) The guardian s…

(1) A guardian may not authorize the sterilization of the protected person. (2) A guardian may not use funds from the protected person’s estate for room and board that the guardian or guardian’s spouse, parent or child have furnished the protected person unless the charge for the…

(1) As used in this section: (a) “Association” means communication, visitation or other social interaction with third parties; and (b) “Interested person” means a protected person, a person with whom association is being limited, any fiduciary for the protected person or any pers…

(1) Not later than 30 days following each anniversary of appointment, a guardian for an adult protected person shall file with the court a written report. The report must include a declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration un…

(1) Except as provided in subsection (2) of this section, a guardian appointed for a person committed to the legal and physical custody of the Department of Corrections may not exercise those powers specified in ORS 125.315 (1)(a) or (b) while the person remains confined. (2) A g…

Upon the filing of a petition seeking the appointment of a conservator, the court may appoint a conservator and make other appropriate protective orders if the court finds by clear and convincing evidence that the respondent is a minor or financially incapable, and that the respo…

The court shall issue letters of conservatorship to the conservator after the filing of any acceptance of the appointment and bond that may be required. Letters of conservatorship must be in substantially the following form: _______________________________________________________…

(1) Except as provided in subsection (2) of this section, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservator according to law, with sureties as specified by the court. Unless otherwise directed, the bond mu…

(1) A surety may cancel the obligation of the surety upon notice in writing to the conservator and the court. The notice shall specify an effective date for the cancellation that is not less than 30 days after the date of the notice. (2) A surety’s obligation under a bond shall c…

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 …

(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 …