Title 13, Protective Proceedings; Powers of Attorney; Trusts

As used in ORS 124.005 to 124.040: (1) “Abuse” means one or more of the following: (a) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury. (b) Neglect that leads to physical harm through withholdin…

(1)(a) Except as provided in subsection (8) of this section, an elderly person or a person with a disability who has been the victim of abuse within the preceding 180 days or a guardian or guardian ad litem of an elderly person or a person with a disability who has been the victi…

(1) A petition under ORS 124.010 may be filed in a county in which: (a) The petitioner resides; (b) The respondent resides; or (c) The abuse occurred. (2) Any contempt proceedings for violation of a restraining order issued under ORS 124.005 to 124.040 must be conducted by the co…

(1) The court shall hold a hearing within 21 days following the request, and may cancel or change any order issued under ORS 124.020 if the respondent, elderly person or person with a disability requests a hearing pursuant to ORS 124.020 (9). (2) In addition to the relief granted…

(1) When a petitioner or guardian petitioner files a petition under ORS 124.010, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a showing that the elderly person or person with a d…

(1) A sheriff may serve a restraining order issued under ORS 124.020 in the county in which the sheriff was elected and in any county that is adjacent to the county in which the sheriff was elected. (2) A sheriff may serve and enter into the Law Enforcement Data System a copy of …

(1) A guardian petitioner must give notice of the petition, order and related forms prescribed under ORS 124.020 (6) to the elderly person or person with a disability named in the petition. (2) The guardian petitioner must also serve on the elderly person or person with a disabil…

(1) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 124.020 shall remain for up to 20 minutes and may temporarily interrupt the removal of property at any time. Nothing in this subsection shall affect a peace offic…

(1) Whenever a restraining order, as authorized by ORS 124.015 or 124.020, that includes a security amount and an expiration date pursuant to ORS 124.015 and 124.020 and this section, is issued and the person to be restrained has actual notice of the order, the clerk of the court…

For good cause shown, the court may renew an order entered under ORS 124.015 or 124.020, and the court may do so regardless of whether there has been a further act of abuse. [1995 c.666 §9]

ORS 124.005 to 124.040 shall be known and may be cited as the “Elderly Persons and Persons With Disabilities Abuse Prevention Act.” [1995 c.666 §2; 1999 c.738 §4; 2003 c.264 §4] REPORTING OF ABUSE

As used in ORS 124.050 to 124.095: (1) “Abuse” means one or more of the following: (a) Any physical injury to an elderly person caused by other than accidental means, or which appears to be at variance with the explanation given of the injury. (b) Neglect. (c) Abandonment, includ…

The Legislative Assembly finds that for the purpose of preventing abuse, safeguarding and enhancing the welfare of elderly persons, it is necessary and in the public interest to require mandatory reports and investigations of allegedly abused elderly persons. [Formerly 410.620]

(1) Any public or private official having reasonable cause to believe that any person 65 years of age or older with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused a person 65 years of age or older, shal…

(1) When a report is required under ORS 124.060, an oral report shall be made immediately by telephone or otherwise to the local office of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contac…

(1) Upon receipt of the report required under ORS 124.060, the Department of Human Services or the law enforcement agency shall cause an investigation to be commenced promptly to determine the nature and cause of the abuse. The investigation shall include a visit to the named eld…

(1) Investigations commenced by the Department of Human Services pursuant to ORS 124.070 must be completed by the department on or before 120 days after receipt of the report of abuse made under ORS 124.060, unless there is an ongoing concurrent criminal investigation, in which c…

(1) Upon notice by a law enforcement agency that an investigation into abuse is being conducted under ORS 124.070, and without the consent of the named elderly person or of the named elderly person’s caretaker, fiduciary or other legal representative, a health care provider must:…

(1) The Department of Human Services shall: (a) Using new or existing materials, develop and implement a training and continuing education curriculum for persons other than law enforcement officers required by law to investigate allegations of abuse under ORS 124.070 or 441.650. …

(1) Anyone participating in good faith in the making of a report of elder abuse and who has reasonable grounds for making the report shall have immunity from any criminal or civil liability that might otherwise be incurred or imposed with respect to the making or content of such …

A person who has personal knowledge that an employee or former employee of the person was found by the Department of Human Services, a law enforcement agency or a court to have committed abuse under ORS 124.005 to 124.040, 124.050 to 124.095 or 124.100 to 124.140, is immune from …

(1) In carrying out its duties under ORS 124.070 a law enforcement agency or the Department of Human Services may photograph or cause to have photographed any victim who is the subject of the investigation for purposes of preserving evidence of the condition of the victim at the …

A proper record of complaints made under ORS 124.060 and 124.065 shall be maintained by the Department of Human Services. The department shall prepare reports in writing when investigation has shown that the condition of the elderly person was the result of abuse even if the caus…

The Department of Human Services shall adopt policies and guidelines to plan for the development and standardization of resources and technologies to: (1) Create a database, registry or other electronic record of reports of abuse made under ORS 124.060 and 441.640 and investigati…

(1) In the case of abuse of an elderly person, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the …

(1) Notwithstanding the provisions of ORS 192.311 to 192.478, the names of the public or private official or any other person who made the complaint, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 to 124.095, are co…

An elderly person who in good faith is voluntarily under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for this reason alone, not be …

(1) As used in ORS 124.100 to 124.140: (a) “Elderly person” means a person 65 years of age or older. (b) “Financially incapable” has the meaning given that term in ORS 125.005. (c) “Incapacitated” has the meaning given that term in ORS 125.005. (d) “Person with a disability” mean…

(1) An action may be brought under ORS 124.100 for physical abuse if the defendant engaged in conduct against a vulnerable person that would constitute any of the following: (a) Assault, under the provisions of ORS 163.160, 163.165, 163.175 and 163.185. (b) Menacing, under the pr…

(1) An action may be brought under ORS 124.100 for financial abuse in the following circumstances: (a) When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property has a…

(1) Except as provided by subsection (2) of this section, an action under ORS 124.100 may not be brought against: (a) Financial institutions, as defined by ORS 706.008; (b) A health care facility, as defined in ORS 442.015; (c) Any facility licensed or registered under ORS chapte…

The court may restrain and remedy the conduct described in ORS 124.105 and 124.110 by issuing appropriate orders including but not limited to: (1) A judgment for the remedies provided by ORS 124.100. (2) Restraining orders, temporary injunctions or other actions as the court deem…

(1) The Attorney General, the Department of Human Services or a district attorney may bring an action against a person who engages in conduct described in ORS 124.105 and 124.110. In addition to remedies otherwise provided in ORS 124.100 to 124.140, upon prevailing in the action,…

An action under ORS 124.100 to 124.140 must be commenced within seven years after discovery of the conduct described in ORS 124.105 and 124.110 that gives rise to a cause of action under ORS 124.100 to 124.140. [1995 c.671 §6]

The remedies provided by ORS 124.100 to 124.140 are in addition to any other remedy, civil or criminal, that may be available under any other provision of law. [1995 c.671 §7]

A defendant convicted in any criminal proceeding of conduct that gives rise to a cause of action under ORS 124.100, whether the conviction results from a plea or verdict, is estopped from denying the conduct for purposes of an action under ORS 124.100 to 124.140. [1995 c.671 §8] …

A person who violates ORS 124.060 commits a Class A violation. [Formerly 410.990] _______________

As used in this chapter: (1) “Conservator” means a person appointed as a conservator under the provisions of this chapter. (2) “Fiduciary” means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with…

(1) Any person who is interested in the affairs or welfare of a respondent may file a petition for the appointment of a fiduciary or entry of other protective order. (2) A protective proceeding is commenced by the filing of a petition in a court with jurisdiction over protective …

(1) As used in this section: (a) “Party” means: (A) A person who is the subject of a petition for a protective order. (B) A person who has petitioned for appointment, or who has been appointed, as a fiduciary for a protected person under this chapter. (C) A person, not otherwise …

(1) The probate courts and commissioners provided for in ORS chapter 111 have exclusive jurisdiction of protective proceedings. (2) Subject to ORS 125.800 to 125.852 for adults as defined in ORS 125.802, if an Oregon court exercising probate jurisdiction becomes aware that a prot…

(1) Except as provided in this section, a protective proceeding must be commenced in the county where the respondent resides or is present. (2) If the respondent resides in an institution by reason of an order of a court, the proceeding may be commenced in the county where that c…

(1) Subject to ORS 125.800 to 125.852 for adults as defined in ORS 125.802, a court having jurisdiction over a protective proceeding shall exercise continuing authority over the proceeding. Subject to the provisions of ORS 125.800 to 125.852 and this chapter, the court may act up…

(1) The appointment of a fiduciary in a protective proceeding shall be made by limited judgment. (2) The court in a protective proceeding may enter a limited judgment only for the following decisions of the court: (a) A decision on an objection to an accounting. (b) A decision on…

(1) As used in this section: (a) “Case subtype” means guardianship, conservatorship or guardianship and conservatorship. (b) “Case type” means adult protective proceeding or minor protective proceeding. (2) No later than September 15 of each year, the Judicial Department shall su…

Except as otherwise provided by this chapter, the Oregon Rules of Civil Procedure and the Oregon Evidence Code apply in protective proceedings. [1995 c.664 §6]

(1)(a) A petition in a protective proceeding that seeks the appointment of a fiduciary must designate the type of fiduciary that the petitioner seeks to have appointed. If the petition does not request the appointment of a fiduciary, or if the petition requests both the appointme…

(1) The notices required by this section must be given to all persons whose identities and addresses can be ascertained in the exercise of reasonable diligence by the person required to give the notice. (2) Notice of the filing of a petition for the appointment of a fiduciary or …

(1) Except as provided in ORS 125.060, notice of the filing of a petition must be personally served on any respondent who has attained 14 years of age. Notice of a petition must be personally served on the parents of a respondent if the petition is based on the fact that the resp…

(1) The notice required by ORS 125.060 must contain the following: (a) The name, address and telephone number of the petitioner or the person making the motion, and the relationship of the petitioner or person making the motion to the respondent. (b) A copy of the petition or mot…