ORS § 130.733 — OR Code / Title 13 / Chapter 130 / Section 130.733
130.733 Notice of proposed trustee action to beneficiaries
Status: in_force

(1) Prior to a proposed action to be taken by a trustee regarding the administration of a trust, the trustee may send the beneficiaries a written notice of the proposed action informing the beneficiaries of the proposed action.

(2) The right of a beneficiary receiving a notice of proposed action under subsection (1) of this section to object to a proposed action described in the notice is barred if the beneficiary does not notify the trustee in writing of an objection within 45 days after the notice was sent, or within such longer time as may be stated in the notice, but only to the extent that the notice of proposed action:

(a) Clearly informs the beneficiary of the right to object, the manner in which to object and the date by which the objection must be received by the trustee;

(b) States that the beneficiary’s right to object may be barred if the beneficiary does not object within the time and in the manner allowed for objection; and

(c) Adequately provides sufficient information regarding the proposed action to enable the beneficiary to make an informed decision.

(3) If a beneficiary receiving notice does not object as provided in this section, the beneficiary will be deemed to have consented to the proposed action and the beneficiary may not thereafter file an action or other civil proceeding based in tort, contract or otherwise if the proposed action is taken by the trustee within a reasonable time after the notice was given under this section. This subsection does not apply to the following:

(a) Allowance of the trustee’s compensation;

(b) Settlement of trust accounts or the trustee’s report;

(c) Sale of trust property to the trustee or sale of the trustee’s property to the trust;

(d) Exchange of trust property for property of the trustee;

(e) Grant of an option to the trustee to purchase trust property;

(f) Allowance, payment or settlement of a trustee’s claim against the trust;

(g) Compromise or settlement of a claim, action or proceeding by the trust against the trustee; or

(h) Extension, renewal or modification of the terms of a debt or other obligation of the trustee owing to or in favor of the trust.

(4) The receipt of an objection by the trustee does not prohibit the trustee from taking the proposed action or sending subsequent notices of proposed actions to the beneficiaries regarding the same or similar proposed actions. [2013 c.529 §25]

Source: Section 130.733 — Notice of proposed trustee action to beneficiaries; right of beneficiary to object , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.691 — OR Code / Title 13 / Chapter 125 / Section 125.691
125.691 Oregon Public Guardian and Conservator Protected Person Trust Account
Status: in_force

(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.

(2) The Oregon Public Guardian and Conservator shall administer the trust account:

(a) For the benefit of persons for whom the Oregon Public Guardian and Conservator has been appointed a guardian or conservator and on whose behalf the Oregon Public Guardian and Conservator has received moneys; and

(b) In accordance with the provisions of this chapter or as ordered by the court.

(3) The Oregon Public Guardian and Conservator may establish subaccounts within the Oregon Public Guardian and Conservator Protected Person Trust Account when the Oregon Public Guardian and Conservator determines that subaccounts are necessary or desirable. Interest earned by the account or subaccounts, if any, shall accrue to the benefit of the account or subaccounts. [2017 c.310 §8]

Source: Section 125.691 — Oregon Public Guardian and Conservator Protected Person Trust Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.420 — OR Code / Title 13 / Chapter 130 / Section 130.420
130.420 Tolling of statute of limitations on claim
Status: in_force

If a claim is not barred by the statute of limitations on the date of death of the settlor, the claim is not barred by any statute of limitations until at least one year after the date of death. [Formerly 128.288]

Source: Section 130.420 — Tolling of statute of limitations on claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.065 — OR Code / Title 13 / Chapter 130 / Section 130.065
130.065 UTC 204. Venue
Status: in_force

(1) Except as otherwise provided in this section, venue for a judicial proceeding involving a trust is in the county in which the trust’s principal place of administration is or will be located.

(2) If a trust is created by will and the estate is not yet closed, venue for a judicial proceeding involving a trust is in the county in which the decedent’s estate is being administered.

(3) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county in which a beneficiary resides, in a county in which any trust property is located and, if the trust is created by will, in the county in which the decedent’s estate was or is being administered. [2005 c.348 §15]

Source: Section 130.065 — UTC 204. Venue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.810 — OR Code / Title 13 / Chapter 130 / Section 130.810
130.810 UTC 1003. Damages in absence of breach
Status: in_force

(1) Except as provided by ORS 130.725 (UTC 816. Specific powers of trustee) (4) and (15) or 709.175 (Limitation on investment of trust funds) or other law of this state, a trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, without regard to whether the profit resulted from a breach of trust.

(2) Unless there is a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit. [2005 c.348 §85]

Source: Section 130.810 — UTC 1003. Damages in absence of breach , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.160 — OR Code / Title 13 / Chapter 130 / Section 130.160
130.160 UTC 403. Trusts created in other states, countries or jurisdictions
Status: in_force

A trust not created by will is validly created if the creation of the trust complies with the law of the state, country or other jurisdiction in which the trust instrument was executed, or the law of the state, country or other jurisdiction in which, at the time of creation:

(1) The settlor was domiciled, had a place of abode or was a national;

(2) A trustee was domiciled or had a place of business; or

(3) Any trust property was located. [2005 c.348 §23]

Source: Section 130.160 — UTC 403. Trusts created in other states, countries or jurisdictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.300 — OR Code / Title 13 / Chapter 130 / Section 130.300
130.300 UTC 501. Rights of beneficiary’s creditor or assignee
Status: in_force

To the extent a beneficiary’s interest is not protected by a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary’s interest by garnishment or other execution against present or future distributions to or for the benefit of the beneficiary or by other means. The court may limit the award to such relief as is appropriate under the circumstances. [2005 c.348 §39]

Source: Section 130.300 — UTC 501. Rights of beneficiary’s creditor or assignee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.810 — OR Code / Title 13 / Chapter 125 / Section 125.810
125.810 Cooperation between courts
Status: in_force

(1) In a guardianship or conservatorship proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:

(a) Hold an evidentiary hearing;

(b) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;

(c) Order that an evaluation or assessment be made of the respondent;

(d) Order any appropriate investigation of a person involved in a proceeding;

(e) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (a) of this subsection or any other proceeding, any evidence otherwise produced under paragraph (b) of this subsection and any evaluation or assessment prepared in compliance with an order under paragraph (c) or (d) of this subsection;

(f) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; or

(g) Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state, including protected health information as defined in 45 C.F.R. 164.504.

(2) If a court of another state in which a guardianship or conservatorship proceeding is pending requests assistance of the kind provided in subsection (1) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. [2009 c.179 §5]

Note: See note under 125.800 (Short title) .

Source: Section 125.810 — Cooperation between courts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.660 — OR Code / Title 13 / Chapter 130 / Section 130.660
130.660 UTC 803. Impartiality
Status: in_force

If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing and distributing the trust property, giving due regard to the beneficiaries’ respective interests. [2005 c.348 §61]

Source: Section 130.660 — UTC 803. Impartiality , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.705 — OR Code / Title 13 / Chapter 127 / Section 127.705
127.705 Designation of attorney-in-fact for decisions about mental health treatment
Status: in_force

A declaration may designate a competent adult to act as attorney-in-fact to make decisions about mental health treatment. An alternative attorney-in-fact may also be designated to act as attorney-in-fact if the original designee is unable or unwilling to act at any time. An attorney-in-fact who has accepted the appointment in writing may make decisions about mental health treatment on behalf of the principal only when the principal is incapable. The decisions must be consistent with any desires the principal has expressed in the declaration. [1993 c.442 §3]

Source: Section 127.705 — Designation of attorney-in-fact for decisions about mental health treatment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 127.005 — OR Code / Title 13 / Chapter 127 / Section 127.005
127.005 When power of attorney in effect
Status: in_force

(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 remains in effect until the power is revoked by the principal or by the terms of the power of attorney, or until the authority of all agents under the power of attorney is terminated as provided in ORS 127.015 (Revocation of power of attorney) ;

(b) The powers of the agent are unaffected by the passage of time; and

(c) The powers of the agent are exercisable by the agent on behalf of the principal even though the principal becomes financially incapable.

(2) The terms of a power of attorney may provide that the power of attorney will become effective at a specified future time, or will become effective upon the occurrence of a specified future event or contingency such as the principal becoming financially incapable. If a power of attorney becomes effective upon the occurrence of a specified future event or contingency, the power of attorney may designate a person or persons to determine whether the specified event or contingency has occurred, and the manner in which the determination must be made. A person designated by a power of attorney to determine whether the principal is financially incapable is the principal’s personal representative for the purposes of ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) and the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164.

(3) If a power of attorney becomes effective upon the principal becoming financially incapable and either the power of attorney does not designate a person or persons to make the determination as to whether the principal is financially incapable or none of the designated persons is willing or able to make the determination, a determination that the principal is financially incapable may be made by any physician. The physician’s determination must be made in writing.

(4) All acts done by an agent under a power of attorney during a period in which the principal is financially incapable have the same effect, and inure to the benefit of and bind the principal, as though the principal were not financially incapable.

(5) If a conservator is appointed for a principal, the agent shall account to the conservator, rather than to the principal, for so long as the conservatorship lasts. The conservator has the same power that the principal would have to revoke, suspend or terminate all or any part of the power of attorney.

(6) This section does not apply to ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) . [Formerly 126.407; 1993 c.767 §25; 2001 c.395 §4; 2009 c.46 §2; 2018 c.36 §10; 2021 c.272 §3]

Source: Section 127.005 — When power of attorney in effect; accounting to conservator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 127.520 — OR Code / Title 13 / Chapter 127 / Section 127.520
127.520 Persons not eligible to serve as health care representative
Status: in_force

(1) Except as provided in ORS 127.635 (Withdrawal of life-sustaining procedures) 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 principal, or an employee of the attending physician or attending health care provider of the principal; or

(B) An owner, operator or employee of a health care facility in which the principal is a patient or resident, unless the health care representative was appointed before the principal’s admission to the facility; or

(b) A person who is the principal’s parent or former guardian if:

(A) At any time while the principal was under the care, custody or control of the person, a court entered an order:

(i) Taking the principal into protective custody under ORS 419B.150 (When protective custody authorized) ; or

(ii) Committing the principal to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337 (Commitment to custody of Department of Human Services) ; and

(B) The court entered a subsequent order that:

(i) The principal should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the principal to be returned to the person’s home, and no subsequent order of the court was entered that permitted the principal to return to the person’s home before the principal’s wardship was terminated under ORS 419B.328 (Ward of the court) ; or

(ii) Terminated the person’s parental rights under ORS 419B.500 (Termination of parental rights generally) and 419B.502 (Termination upon finding of extreme conduct) to 419B.524 (Effect of termination order) .

(2) A principal, while not incapable, may petition the court to remove a prohibition described in subsection (1)(b) of this section.

(3) A capable adult may disqualify any other person from making health care decisions for the capable adult. The disqualification must be in writing and signed by the capable adult. The disqualification must specifically designate those persons who are disqualified.

(4) A health care representative whose authority has been revoked by a court is disqualified.

(5) A health care provider who has actual knowledge of a disqualification may not accept a health care decision from the disqualified person.

(6) A person who has been disqualified from making health care decisions for a principal, and who is aware of that disqualification, may not make health care decisions for the principal. [1989 c.914 §4; 1993 c.767 §5; 2011 c.194 §2; 2018 c.36 §11]

Source: Section 127.520 — Persons not eligible to serve as health care representative; manner of disqualifying persons for service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.350 — OR Code / Title 13 / Chapter 130 / Section 130.350
130.350 Statute of limitations
Status: in_force

(1) Claims against a trust described in subsection (2) of this section that are not presented within the time limitations established under ORS 130.360 (Limitation on presentation of claims when notice to claimants given) or within the statute of limitations applicable to the claim, whichever is earlier, are barred from payment from the trust estate.

(2) ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) apply only if:

(a) A claim is made against assets of a trust;

(b) The trust came into existence during the settlor’s lifetime and was a revocable trust at any time after the trust was created and before the death of the settlor;

(c) The claim is based on the debts or liabilities of the settlor; and

(d) The claim is made against the assets of the trust after the death of the settlor.

(3) ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) apply to all claims against a trust described in subsection (2) of this section, without regard to whether the claims are contingent, unliquidated or not yet due. [Formerly 128.256]

Source: Section 130.350 — Statute of limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 129.310 — OR Code / Title 13 / Chapter 129 / Section 129.310
129.310 UPIA 404. Principal receipts
Status: in_force

A trustee shall allocate to principal:

(1) To the extent not allocated to income under this chapter, assets received from a transferor during the transferor’s lifetime, a decedent’s estate, a trust with a terminating income interest or a payer under a contract naming the trust or its trustee as beneficiary;

(2) Money or other property received from the sale, exchange, liquidation or change in form of a principal asset, including realized profit, subject to ORS 129.300 (UPIA 401. Character of receipts) to 129.385 (UPIA 415. Asset-backed securities) ;

(3) Amounts recovered from third parties to reimburse the trust because of disbursements described in ORS 129.405 (UPIA 502. Disbursements from principal) (1)(g) or for other reasons to the extent not based on the loss of income;

(4) Proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income;

(5) Net income received in an accounting period during which there is no beneficiary to whom a trustee may or must distribute income; and

(6) Other receipts as provided in ORS 129.350 (UPIA 408. Insubstantial allocations not required) to 129.385 (UPIA 415. Asset-backed securities) . [2003 c.279 §13]

Source: Section 129.310 — UPIA 404. Principal receipts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 126.869 — OR Code / Title 13 / Chapter 126 / Section 126.869
126.869 Time of transfer of custodial property to beneficiary or beneficiary’s estate
Status: in_force

Except as provided in ORS 126.872 (Delayed transfer of custodial property to beneficiary) , 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 transferred under ORS 126.816 (Irrevocable gifts or exercise of power of appointment) or 126.819 (Irrevocable transfer by personal representative or trustee to custodian) ;

(2) The beneficiary’s attainment of 18 years of age with respect to custodial property transferred under ORS 126.822 (Transfer to custodian in absence of authorization) or 126.826 (Irrevocable transfer by person holding property of or owing liquidated debt to minor) ; or

(3) The beneficiary’s death. [1985 c.665 §21; 2001 c.244 §6; 2005 c.349 §15]

Source: Section 126.869 — Time of transfer of custodial property to beneficiary or beneficiary’s estate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 127.565 — OR Code / Title 13 / Chapter 127 / Section 127.565
127.565 Independent medical judgment of provider
Status: in_force

(1) In following an advance directive or the decision of a health care representative, a health care provider shall exercise the same independent medical judgment that the health care provider would exercise in following the decisions of the principal if the principal were capable.

(2) A person may not be required to execute or to refrain from executing an advance directive or to appoint or to refrain from appointing a health care representative as a condition for insurance. A health care provider may not condition the provision of health care or otherwise discriminate against an individual based on whether or not the individual has executed an advance directive or has appointed a health care representative.

(3) No existing or future policy of insurance is legally impaired or invalidated in any manner by actions taken under ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) . A person may not be discriminated against in premium or contract rates because of the existence or absence of an advance directive or appointment of a health care representative.

(4) Nothing in ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) is intended to impair or supersede any conflicting federal statute. [1989 c.914 §12; 1993 c.767 §16; 2018 c.36 §17]

Source: Section 127.565 — Independent medical judgment of provider; effect of advance directive on insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.535 — OR Code / Title 13 / Chapter 125 / Section 125.535
125.535 Disposition of small estate
Status: in_force

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]

Source: Section 125.535 — Disposition of small estate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.707 — OR Code / Title 13 / Chapter 127 / Section 127.707
127.707 Execution of declaration
Status: in_force

(1) A declaration is effective only if it is signed by the principal and:

(a) Signed by two competent adult witnesses; or

(b) Notarized by a notary public.

(2) If a declaration is validated under subsection (1)(a) of this section, each witness must:

(a) Witness the principal signing the declaration or acknowledging the signature of the principal on the declaration.

(b) Attest that the principal:

(A) Is known to the witness;

(B) Signed or acknowledged the declaration in the presence of the witness; and

(C) Appeared to be of sound mind and not under duress, fraud or undue influence.

(3) None of the following may serve as a witness to the signing or acknowledgment of a declaration:

(a) The principal’s attending physician, provider or health care provider or a relative of the principal’s attending physician, provider or health care provider;

(b) An owner, operator or relative of an owner or operator of a health care facility in which the principal is a patient or resident;

(c) A person related to the principal by blood, marriage or adoption; or

(d) A person appointed as attorney-in-fact or alternative attorney-in-fact by the declaration. [1993 c.442 §4; 2023 c.11 §3]

Note: See note under 127.700 (Definitions for ORS 127.700 to 127.737) .

Source: Section 127.707 — Execution of declaration; witnesses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.905 — OR Code / Title 13 / Chapter 130 / Section 130.905
130.905 UTC 1102. Electronic records and signatures
Status: in_force

The legal effect, validity or enforceability of electronic records or electronic signatures under ORS chapter 130, and of contracts formed or performed with the use of such records or signatures, are governed by ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded) . [2005 c.348 §97]

Note: See note under 130.900 (Uniformity of application and construction) .

Source: Section 130.905 — UTC 1102. Electronic records and signatures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.675 — OR Code / Title 13 / Chapter 128 / Section 128.675
128.675 Violations of ORS 128.610 to 128.769
Status: in_force

(1) The following acts and practices are violations of ORS 128.610 (Short title) to 128.769 (Rules) :

(a) Operating in violation of, or failing to comply with, any requirement of ORS 128.610 (Short title) to 128.769 (Rules) or any rules promulgated under ORS 128.610 (Short title) to 128.769 (Rules) , including but not limited to:

(A) Failing to file the registration statement required under ORS 128.660 (Filing of registration statement and articles of incorporation or other instrument with Attorney General) .

(B) Failing to file an annual report required under ORS 128.670 (Filing of reports) .

(C) Failing to pay any fee required under ORS 128.670 (Filing of reports) .

(b) Willfully making a false or misleading statement in a registration statement, annual report or other document required to be filed under ORS 128.610 (Short title) to 128.769 (Rules) .

(c) Willfully failing to provide to the Attorney General, in a timely manner, upon request, documents, instruments, reports, records or other information necessary for the Attorney General to:

(A) Substantiate representations, statements or information contained in a registration statement, annual report or other document filed pursuant to ORS 128.610 (Short title) to 128.769 (Rules) ;

(B) Establish and maintain the register required under ORS 128.650 (Register of charitable organizations) ; or

(C) Establish that a charitable organization has properly applied charitable funds received by the organization.

(d) Failing to appear or otherwise comply with an order issued under ORS 128.690 (Order for attendance by Attorney General) .

(2) In addition to any other actions allowed by law, including but not limited to the actions described in ORS 128.670 (Filing of reports) (8), and in compliance with the procedures set forth in ORS chapter 183, upon determining that a charitable organization has committed a violation specified in subsection (1) of this section, the Attorney General may, as appropriate, do one or more of the following:

(a) Deny, revoke, place conditions on or suspend the registration of the charitable organization after giving the organization written notice of the basis for the denial, revocation or suspension. If the organization does not correct or otherwise ameliorate the violation or request an administrative hearing within 90 days of receipt of the notice, the Attorney General shall take the action described in the written notice;

(b) Impose a civil penalty of not more than $2,000 on the charitable organization or upon a charitable fiduciary responsible for the violation;

(c) Order the charitable organization to cease soliciting or accepting contributions, charitable donations or other payments for charitable purposes until the charitable organization has corrected the act or practice that violated ORS 128.610 (Short title) to 128.769 (Rules) ; or

(d) Order the charitable organization or responsible charitable fiduciary to submit or file additional information or documentation.

(3) All fees and penalties received by the Department of Justice under this section shall be paid over to the State Treasurer monthly for deposit in the Department of Justice Operating Account created under ORS 180.180 (Department of Justice Operating Account) . Amounts deposited pursuant to this subsection are continuously appropriated to the Attorney General to pay the expenses of the Department of Justice in administering ORS 128.610 (Short title) to 128.769 (Rules) and 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) and for no other purpose. [2014 c.8 §7]

Source: Section 128.675 — Violations of ORS 128.610 to 128.769; action by Attorney General for violation; fees; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.450 — OR Code / Title 13 / Chapter 125 / Section 125.450
125.450 Voidable transactions
Status: in_force

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]

Source: Section 125.450 — Voidable transactions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 126.886 — OR Code / Title 13 / Chapter 126 / Section 126.886
126.886 Short title
Status: in_force

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

Source: Section 126.886 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 130.237 — OR Code / Title 13 / Chapter 130 / Section 130.237
130.237 Abatement due to insufficiency of trust property
Status: in_force

(1) As used in this section, “abate” or “abatement” means to reduce or the reduction of a gift from a trust at the settlor’s death on account of the insufficiency of the trust property to pay all claims and expenses and distribute all gifts in full.

(2) If the trust instrument expresses an order of abatement, or if the plan of distribution or the express or implied purpose of the distribution from the trust would be defeated by the order of abatement stated in subsection (3) of this section, the shares of the distributees abate as may be found necessary to give effect to the intention of the settlor.

(3) Except as provided in ORS 130.555 (Children of settlors) as to the shares of pretermitted children, and in ORS 114.600 (Elective share generally) to 114.725 (Effect of separation) relating to the elective share of the surviving spouse, shares of distributees abate without any preference or priority as between real and personal property in the following order:

(a) Property of the trust not disposed of by the terms of the trust instrument.

(b) Residuary gifts, which are gifts paid from the trust after all claims and expenses are paid and all general gifts and specific gifts are distributed under the terms of the trust instrument.

(c) General gifts, which are gifts chargeable generally on the trust corpus and which are not distinguishable from other parts of the trust corpus and are not given under the terms of the trust instrument as a gift of a specific thing or of a specified part of the trust corpus.

(d) Specific gifts, which are gifts of a specific thing or of a specified part of the trust corpus as described under the terms of the trust instrument and that are capable of identification.

(4) A general gift charged on any specific property or fund is considered, for purposes of abatement, to be property specifically given to the extent of the value of the property or fund on which the general gift is charged. Upon the failure or insufficiency of the property or fund on which the general gift is charged, the gift is considered a general gift to the extent of the failure or insufficiency.

(5) Abatement within each classification is in proportion to the amounts of property each of the distributees would have received had full distribution of the property been made in accordance with the terms of the trust instrument.

(6) Persons to whom the trust instrument gives tangible personal property not used in trade, agriculture or other business are not required to contribute from that property unless the property forms a substantial amount of the total estate and the court specifically orders contribution because of the gift.

(7) When the subject matter of a preferred gift is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets. [2013 c.529 §26]

Source: Section 130.237 — Abatement due to insufficiency of trust property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.910 — OR Code / Title 13 / Chapter 130 / Section 130.910
130.910 UTC 1106. Application
Status: repealed

(1) Except as otherwise provided in ORS chapter 130:

(a) ORS chapter 130 applies to all trusts created before, on or after January 1, 2006.

(b) ORS chapter 130 does not apply to judicial, administrative and other proceedings concerning trusts commenced before January 1, 2006.

(c) Any rule of construction or presumption provided in ORS chapter 130 applies to trust instruments executed before January 1, 2006, unless there is a clear indication of a contrary intent in the terms of the trust.

(d) An act done before January 1, 2006, is not affected by ORS chapter 130.

(2) If a right is acquired, extinguished or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2006, that statute continues to apply to the right even if it has been repealed or superseded. [2005 c.348 §98]

Note: See note under 130.900 (Uniformity of application and construction) .

Source: Section 130.910 — UTC 1106. Application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.110 — OR Code / Title 13 / Chapter 130 / Section 130.110
130.110 UTC 303. Representation by fiduciaries and parents
Status: in_force

To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:

(1) A conservator may represent and bind the estate that the conservator controls;

(2) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;

(3) A trustee may represent and bind the beneficiaries of the trust;

(4) A personal representative of a decedent’s estate may represent and bind persons interested in the estate; and

(5) A parent may represent and bind the parent’s minor or unborn child if a conservator for the child has not been appointed. [2005 c.348 §18]

Source: Section 130.110 — UTC 303. Representation by fiduciaries and parents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.530 — OR Code / Title 13 / Chapter 130 / Section 130.530
130.530 Effect of marriage
Status: in_force

Unless otherwise provided by the terms of the trust instrument, a trust is not revoked by the marriage of the settlor after the trust instrument is executed. [Formerly 128.375]

Source: Section 130.530 — Effect of marriage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 126.836 — OR Code / Title 13 / Chapter 126 / Section 126.836
126.836 Limitations on custodianship
Status: in_force

(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 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) by the same custodian for the benefit of the same beneficiary constitutes a single custodianship.

(2) A transfer may be made for the benefit of a beneficiary under ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) at any time before the beneficiary attains 25 years of age. [1985 c.665 §11; 2005 c.349 §7]

Source: Section 126.836 — Limitations on custodianship; age requirement for transfers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 130.640 — OR Code / Title 13 / Chapter 130 / Section 130.640
130.640 UTC 709. Reimbursement of expenses
Status: in_force

(1) A trustee is entitled to be reimbursed out of the trust property, with reasonable interest if appropriate, for:

(a) Expenses that were properly incurred in the administration of the trust; and

(b) To the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.

(2) A trustee is entitled to be reimbursed out of the trust property or from property that has been distributed from the trust, with reasonable interest, for an advance of money made by the trustee for the protection of the trust. [2005 c.348 §58]

Source: Section 130.640 — UTC 709. Reimbursement of expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.320 — OR Code / Title 13 / Chapter 125 / Section 125.320
125.320 Limitations on guardian
Status: in_force

(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 service is approved by order of the court before the payment is made.

(3) Intentionally left blank —Ed.

(a) Before a guardian may change the abode of an adult protected person or place an adult protected person in a mental health treatment facility, a nursing home or other residential facility, the guardian must file with the court and serve a statement declaring that the guardian intends to make the change of abode or placement in the manner set forth in paragraph (b) of this subsection.

(b) Intentionally left blank —Ed.

(A) The statement must be filed and served in the manner provided for serving a motion under ORS 125.065 (Manner of giving notice) to the persons specified in ORS 125.060 (Who must be given notice) (3) and (8) at least 15 days prior to each change of abode or placement of the protected person.

(B) When the guardian determines that the change of abode or placement must occur in less than 15 days to protect the immediate health, welfare or safety of the protected person or others, the statement shall declare that the change of abode or placement must occur in less than 15 days to protect the immediate health, welfare or safety of the protected person or others. The statement must be filed and served with as much advance notice as possible, in no event later than two judicial days after the change of abode or placement occurs. The guardian may make the change of abode or placement prior to a hearing on any objection.

(c) In addition to the requirements of ORS 125.070 (Contents of notice) (1), the notice given to the protected person must clearly indicate the manner in which the protected person may object to the proposed placement.

(d) The court shall schedule a hearing on any objection to a statement filed under this subsection made in the manner provided by ORS 125.075 (Presentation of objections) for presenting objections to a petition or motion in a protective proceeding. If no objection is made, the guardian may change the abode of the adult protected person or place the adult protected person in a mental health treatment facility, a nursing home or other residential facility without further court order.

(e) The requirement that notice be served on an attorney for a protected person under ORS 125.060 (Who must be given notice) (8) does not impose any responsibility on the attorney receiving the notice to represent the protected person in the protective proceeding.

(4) A guardian for a protected person who is a vulnerable youth may not possess or control the vulnerable youth’s identity documents. [1995 c.664 §31; 2001 c.473 §1; 2005 c.498 §3; 2017 c.391 §5; 2021 c.399 §12]

Source: Section 125.320 — Limitations on guardian , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.375 — OR Code / Title 13 / Chapter 130 / Section 130.375
130.375 Form of claim
Status: in_force

(1) A claim presented under ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) must:

(a) Be in writing.

(b) Describe the nature and the amount of the claim, if ascertainable.

(c) State the name and address of the claimant and any attorney for the claimant.

(2) A defect of form of a claim timely presented may be waived by the trustee or by the court.

(3) Upon demand of a trustee, a claimant must produce any written evidence supporting a claim made under ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) and account for any written evidence supporting a claim that is not produced. [Formerly 128.268]

Source: Section 130.375 — Form of claim; evidence in support , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.535 — OR Code / Title 13 / Chapter 130 / Section 130.535
130.535 Revocation by divorce or annulment
Status: in_force

(1) Unless otherwise provided by the terms of the trust instrument, a settlor’s divorce or the annulment of the settlor’s marriage, after the trust instrument is executed:

(a) Revokes all provisions of the trust in favor of the former spouse of the settlor;

(b) Revokes all powers of appointment, general or nongeneral, in the trust that are exercisable by the former spouse; and

(c) Revokes any provision in the trust naming the former spouse as trustee.

(2) Unless otherwise provided by the terms of the trust instrument, a trust shall be construed as though the former spouse predeceased the settlor if, after the trust instrument is executed, the settlor divorces the spouse or the marriage of the settlor to the spouse is annulled. [Formerly 128.378]

Source: Section 130.535 — Revocation by divorce or annulment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 129.380 — OR Code / Title 13 / Chapter 129 / Section 129.380
129.380 UPIA 414. Derivatives and options
Status: in_force

(1) In this section, “derivative” means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets.

(2) To the extent that a trustee does not account under ORS 129.308 (UPIA 403. Business and other activities conducted by trustee) for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions.

(3) If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option must be allocated to principal. An amount paid to acquire the option must be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor of the trust for services rendered, must be allocated to principal. [2003 c.279 §23]

Source: Section 129.380 — UPIA 414. Derivatives and options , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 127.892 — OR Code / Title 13 / Chapter 127 / Section 127.892
127.892 Claims by governmental entity for costs incurred
Status: in_force

Any governmental entity that incurs costs resulting from a person terminating his or her life pursuant to the provisions of ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) in a public place shall have a claim against the estate of the person to recover such costs and reasonable attorney fees related to enforcing the claim. [1999 c.423 §5a]

(Section 5)

Source: Section 127.892 — Claims by governmental entity for costs incurred , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.700 — OR Code / Title 13 / Chapter 125 / Section 125.700
125.700 Office of county public guardian and conservator
Status: in_force

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 assuming the duties of guardianship or conservatorship, may create the office of county public guardian and conservator and such subordinate positions as may be necessary to operate effectively the office of county public guardian and conservator.

(2) May expend county funds for the purpose of operating the office of county public guardian and conservator.

(3) After establishment of the office of county public guardian and conservator, upon the finding that the county does not need the service of a county public guardian and conservator, may terminate the office. [Formerly 126.905; 2014 c.117 §13]

Note: 125.700 (Office of county public guardian and conservator) to 125.730 (Fees prohibited) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 125 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 125.700 — Office of county public guardian and conservator; expenses; termination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 124.095 — OR Code / Title 13 / Chapter 124 / Section 124.095
124.095 Spiritual treatment not abuse
Status: in_force

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 considered subjected to abuse by reason of neglect under ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) . [Formerly 410.700]

Source: Section 124.095 — Spiritual treatment not abuse , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 125.680 — OR Code / Title 13 / Chapter 125 / Section 125.680
125.680 Duties of Oregon Public Guardian and Conservator
Status: in_force

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 relatives or friends willing or able to assume the duties of guardianship or conservatorship and who lack the financial resources to obtain a private guardian or conservator.

(3) Certify deputy public guardians and conservators.

(4) Develop model standards of eligibility and professional conduct for deputy public guardians and conservators and of practice and procedure in public guardianship and conservatorship proceedings.

(5) Develop and implement training and educational materials for deputy public guardians and conservators.

(6) Establish and operate a program to recruit, train and supervise volunteers to provide assistance to the Oregon Public Guardian and Conservator, deputy public guardians and conservators and clients.

(7) Establish a process, including criteria and standards, to determine the eligibility of persons to receive public guardian and conservator services and for the needs assessment required under ORS 125.683 (Needs assessment) .

(8) Cooperate with offices of county public guardian and conservator operating under ORS 125.700 (Office of county public guardian and conservator) .

(9) Work with existing local and county programs and with other organizations and entities to develop and expand public guardian and conservator services in this state.

(10) Make recommendations to the Legislative Assembly for policy and legislation regarding implementation, improvement and expansion of public guardian and conservator services in this state. [2014 c.117 §4]

Source: Section 125.680 — Duties of Oregon Public Guardian and Conservator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 126.877 — OR Code / Title 13 / Chapter 126 / Section 126.877
126.877 Applicability of ORS 126.805 to 126.886 to transfers made after January 1, 1986
Status: in_force

ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) apply to a transfer within the scope of ORS 126.809 (Applicability of ORS 126.805 to 126.886) 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 substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of any other state, and the application of ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) is necessary to validate the transfer. [1985 c.665 §22]

Source: Section 126.877 — Applicability of ORS 126.805 to 126.886 to transfers made after January 1, 1986 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 130.001 — OR Code / Title 13 / Chapter 130 / Section 130.001
130.001 UTC 101. Short title
Status: in_force

This chapter may be cited as the Oregon Uniform Trust Code. [2005 c.348 §1]

Source: Section 130.001 — UTC 101. Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.415 — OR Code / Title 13 / Chapter 130 / Section 130.415
130.415 Waiver of statute of limitations
Status: in_force

A claim subject to ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) that is barred by a statute of limitations may not be allowed by the trustee or by any court except upon the written direction or consent of those interested persons who would be adversely affected by allowance of the claim. [Formerly 128.286]

Source: Section 130.415 — Waiver of statute of limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 126.700 — OR Code / Title 13 / Chapter 126 / Section 126.700
126.700 Payment or delivery for benefit of minor
Status: in_force

(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 minor; or

(c) A financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor.

(2) This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending.

(3) The persons, except the minor or a financial institution under subsection (1)(c) of this section, receiving money or property for a minor, shall apply the money to the support and education of the minor, and shall not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor’s support. Excess sums shall be preserved for future support of the minor and the balance not so used and the property received for the minor shall be turned over to the minor when the minor attains majority.

(4) Persons who pay or deliver money or personal property under this section are not responsible for the proper application of the money or property. [Formerly 126.025]

Source: Section 126.700 — Payment or delivery for benefit of minor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 125.470 — OR Code / Title 13 / Chapter 125 / Section 125.470
125.470 Filing of inventory required
Status: in_force

(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.

(2) Whenever any property of the estate of the protected person not included in the inventory or any subsequent accounting and not derived from any asset included in a prior inventory or any subsequent accounting comes into the possession or knowledge of the conservator, the conservator must file a supplemental inventory in the protective proceeding. The supplemental inventory must be filed within 30 days after the date of receiving possession or knowledge of the property.

(3) If the estate of the protected person includes real property, the conservator must record in the deed records of the clerk of the county in which the real property is situated a certified copy of the inventory required by this section or an abstract in substantially the following form:

The protected person’s name is ______

___________________________

Conservatorship Case # ____________

County where proceedings are pending ______________________

Conservator is ____________

Conservator’s address is ____________

Attorney’s name is ____________

Attorney’s address is ____________

The following real property is subject to proceedings: ________

Signature ______________________

Dated ______________________

STATE OF OREGON )

) ss.

County of ________ )

The foregoing instrument was acknowledged before me this ___ day of ______, 2___, by ____________.

______________________

Notary Public for Oregon

My commission expires: ____________

[1995 c.664 §48]

Source: Section 125.470 — Filing of inventory required; supplemental inventory , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 126.832 — OR Code / Title 13 / Chapter 126 / Section 126.832
126.832 Creation and transfer of custodial property
Status: in_force

(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 beneficiary, or in the name of a trust company, followed in substance by the words specified in subsection (3) of this section; or

(B) Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary indorsement to an adult other than the transferor or the beneficiary, or delivered to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (2) of this section.

(b) Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, in the name of an adult other than the transferor or the beneficiary, or in the name of a trust company, followed in substance by the words specified in subsection (3) of this section.

(c) The ownership of a life or endowment insurance policy or annuity contract is either:

(A) Registered with the issuer in the name of the transferor, in the name of an adult other than the transferor or the beneficiary, or in the name of a trust company, followed in substance by the words specified in subsection (3) of this section; or

(B) Assigned in a writing delivered to an adult other than the transferor or the beneficiary, or delivered to a trust company, and the name of the assignee is followed in substance by the words specified in subsection (3) of this section.

(d) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payer, issuer or other obligor that the right is transferred to the transferor, transferred to an adult other than the transferor or the beneficiary, or transferred to a trust company, and the name of the transferee is followed in substance by the words specified in subsection (3) of this section.

(e) An interest in real property is recorded in the name of the transferor, in the name of an adult other than the transferor or the beneficiary, or in the name of a trust company, followed in substance by the words specified in subsection (3) of this section.

(f) A certificate of title issued by a department or agency of a state or of the United States that evidences title to tangible personal property is either:

(A) Issued in the name of the transferor, in the name of an adult other than the transferor or the beneficiary, or in the name of a trust company, followed in substance by the words specified in subsection (3) of this section; or

(B) Delivered to an adult other than the transferor or the beneficiary, or delivered to a trust company, and is indorsed to that person followed in substance by the words specified in subsection (3) of this section.

(g) An interest in any property not described in paragraphs (a) to (f) of this subsection is transferred to an adult other than the transferor or the beneficiary, or is transferred to a trust company, by a written instrument in substantially the form set forth in subsection (2) of this section.

(2) An instrument in the following form satisfies the requirements of subsection (1)(a)(B) and (g) of this section:

I, ________ (name of transferor or name and representative capacity if a fiduciary) hereby transfer to ________ (name of custodian), as custodian for ________ (name of beneficiary) under the Oregon Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it).

Delayed Transfer (may be made only if authorized by ORS 126.872 (Delayed transfer of custodial property to beneficiary) ): The custodian shall deliver the property to the beneficiary when the beneficiary attains the age of ___ years (not less than 21 nor more than 25).

Dated: ________

___________

________ (name of custodian) acknowledges receipt of the property described above as custodian for the beneficiary named above under the Oregon Uniform Transfers to Minors Act.

Dated: ________

___________

(3) For the purposes of subsection (1) of this section, the following words create custodial property:

(a) “As custodian for _____ (name of beneficiary) under the Oregon Uniform Transfers to Minors Act”; or

(b) If the custodial property is subject to delayed transfer under ORS 126.872 (Delayed transfer of custodial property to beneficiary) , “As custodian for _____ (name of beneficiary) under the Oregon Uniform Transfers to Minors Act until the beneficiary attains the age of ___ years.”

(4) A transferor shall place the custodian in control of the custodial property as soon as practicable. [1985 c.665 §10; 2001 c.244 §4; 2005 c.349 §6]

Source: Section 126.832 — Creation and transfer of custodial property; form of instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 127.045 — OR Code / Title 13 / Chapter 127 / Section 127.045
127.045 Duty of agent under power of attorney
Status: in_force

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]

Source: Section 127.045 — Duty of agent under power of attorney , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.430 — OR Code / Title 13 / Chapter 125 / Section 125.430
125.430 Sale of protected person’s residence
Status: in_force

(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 (Who must be given notice) (3).

(2) For purposes of this section, “principal residence” means a residence that is owned by the protected person and in which the protected person resides or last resided, whether or not the protected person resides in the residence at the time approval to sell is sought from the court. [1995 c.664 §40]

Source: Section 125.430 — Sale of protected person’s residence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.727 — OR Code / Title 13 / Chapter 127 / Section 127.727
127.727 Persons prohibited from serving as attorney-in-fact
Status: in_force

(1) None of the following may serve as attorney-in-fact:

(a) The attending physician or provider or an employee of the physician or provider, if the physician, provider or employee is unrelated to the principal by blood, marriage or adoption.

(b) An owner, operator or employee of a health care facility in which the principal is a patient or resident, if the owner, operator or employee is unrelated to the principal by blood, marriage or adoption.

(c) A person who is the principal’s parent, guardian or former guardian if:

(A) At any time while the principal was under the care, custody or control of the person, a court entered an order:

(i) Taking the principal into protective custody under ORS 419B.150 (When protective custody authorized) ; or

(ii) Committing the principal to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337 (Commitment to custody of Department of Human Services) ; and

(B) The court entered a subsequent order that:

(i) The principal should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the principal to be returned to the person’s home, and no subsequent order of the court was entered that permitted the principal to return to the person’s home before the principal’s wardship was terminated under ORS 419B.328 (Ward of the court) ; or

(ii) Terminated the person’s parental rights under ORS 419B.500 (Termination of parental rights generally) and 419B.502 (Termination upon finding of extreme conduct) to 419B.524 (Effect of termination order) .

(4) A principal, while not incapable, may petition the court to remove a prohibition contained in subsection (1)(c) of this section. [1993 c.442 §12; 2011 c.194 §4; 2014 c.45 §19]

Note: See note under 127.700 (Definitions for ORS 127.700 to 127.737) .

Source: Section 127.727 — Persons prohibited from serving as attorney-in-fact , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.215 — OR Code / Title 13 / Chapter 130 / Section 130.215
130.215 UTC 414. Modification or termination of uneconomic trust
Status: in_force

(1) After notice to the qualified beneficiaries, a trustee may terminate a trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration. A trustee may not terminate a trust under this section if the trustee is a qualified beneficiary of the trust or has a duty of support for a qualified beneficiary of the trust.

(2) The court may modify or terminate a trust, or remove the trustee and appoint a different trustee, if the court finds that the value of the trust property is insufficient to justify the cost of administration.

(3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.

(4) This section does not apply to an easement for conservation or preservation. [2005 c.348 §34; 2013 c.529 §6]

Source: Section 130.215 — UTC 414. Modification or termination of uneconomic trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 124.070 — OR Code / Title 13 / Chapter 124 / Section 124.070
124.070 Duty to investigate
Status: in_force

(1) Upon receipt of the report required under ORS 124.060 (Duty of officials to report) , 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 elderly person and communication with those individuals having knowledge of the facts of the particular case. If the alleged abuse occurs in a residential facility, the department shall conduct an investigation regardless of whether the suspected abuser continues to be employed by the facility.

(2) If the department finds reasonable cause to believe that a crime has occurred, the department shall notify in writing the appropriate law enforcement agency. If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the agency shall notify the department in writing. Upon completion of the evaluation of each case, the department shall prepare written findings that include recommended action and a determination of whether protective services are needed.

(3) After receiving notification from the department that there is reasonable cause to believe that a crime has occurred, a law enforcement agency shall notify the department:

(a) That there will be no criminal investigation, including an explanation of why there will be no criminal investigation;

(b) That the investigative findings have been given to the district attorney for review; or

(c) That a criminal investigation will take place.

(4) If a law enforcement agency gives the findings of the department to the district attorney for review, the district attorney shall notify the department that the district attorney has received the findings and shall inform the department whether the findings have been received for review or for filing charges. A district attorney shall make the determination of whether to file charges within six months of receiving the findings of the department.

(5) If a district attorney files charges stemming from the findings of the department and the district attorney makes a determination not to proceed to trial, the district attorney shall notify the department of the determination and shall include information explaining the basis for the determination. [Formerly 410.650; 2009 c.837 §§12,13]

Source: Section 124.070 — Duty to investigate; notice to law enforcement agency and department; written findings; review by district attorney , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 126.812 — OR Code / Title 13 / Chapter 126 / Section 126.812
126.812 Nomination of custodian
Status: in_force

(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 the words: “As custodian for _____ (name of beneficiary) under the Oregon Uniform Transfers to Minors Act.” The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payer, issuer or other obligor of the contractual rights.

(2) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under ORS 126.832 (Creation and transfer of custodial property) (1).

(3) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under ORS 126.832 (Creation and transfer of custodial property) . Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to ORS 126.832 (Creation and transfer of custodial property) . [1985 c.665 §4; 2005 c.349 §3]

Source: Section 126.812 — Nomination of custodian; effective date of custodianship and transfer of custodial property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 130.835 — OR Code / Title 13 / Chapter 130 / Section 130.835
130.835 UTC 1008. Exculpation of trustee
Status: in_force

(1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term:

(a) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or

(b) Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.

(2) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless:

(a) The settlor is represented by an independent counsel who reviewed the term; or

(b) The trustee proves that the exculpatory term is fair under the circumstances and that the term’s existence and contents were adequately communicated to the settlor. [2005 c.348 §90]

Source: Section 130.835 — UTC 1008. Exculpation of trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.715 — OR Code / Title 13 / Chapter 127 / Section 127.715
127.715 Prohibitions against requiring person to execute or refrain from executing declaration
Status: in_force

A person shall not be required to execute or to refrain from executing a declaration as a criterion for insurance, as a condition for receiving mental or physical health services or as a condition of discharge from a health care facility. [1993 c.442 §7]

Source: Section 127.715 — Prohibitions against requiring person to execute or refrain from executing declaration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 129.385 — OR Code / Title 13 / Chapter 129 / Section 129.385
129.385 UPIA 415. Asset-backed securities
Status: in_force

(1) In this section, “asset-backed security” means an asset whose value is based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. The term includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return. The term does not include an asset to which ORS 129.300 (UPIA 401. Character of receipts) or 129.355 (UPIA 409. Deferred compensation, annuities and similar payments) applies.

(2) If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment which the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal.

(3) If a trust receives one or more payments in exchange for the trust’s entire interest in an asset-backed security in one accounting period, the trustee shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust’s interest in the security over more than one accounting period, the trustee shall allocate 10 percent of the payment to income and the balance to principal. [2003 c.279 §24]

Source: Section 129.385 — UPIA 415. Asset-backed securities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 127.570 — OR Code / Title 13 / Chapter 127 / Section 127.570
127.570 Mercy killing
Status: in_force

(1) Nothing in ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) is intended to condone, authorize or approve mercy killing, or to permit an affirmative or deliberate act or omission to end life, other than to allow the natural process of dying. In making a health care decision, a health care representative may not consider an attempted suicide by the principal as any indication of the principal’s wishes with regard to health care.

(2) The withholding or withdrawing of a life-sustaining procedure or of artificially administered nutrition and hydration in accordance with the provisions of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) does not, for any purpose, constitute a suicide, assisting a suicide, mercy killing or assisted homicide. [1989 c.914 §14; 1993 c.767 §17]

Source: Section 127.570 — Mercy killing; suicide , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 128.886 — OR Code / Title 13 / Chapter 128 / Section 128.886
128.886 False or misleading representations prohibited
Status: in_force

(1) No person shall make any false or misleading representations in the course of any solicitation of contributions.

(2) A representation may be any manifestation of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact.

(3) No person shall have a cause of action under ORS 646.638 (Civil action by private party) for an alleged violation of any provision of this section if the alleged false or misleading representation is made by a volunteer of an organization which is exempt from federal taxation under section 501(c) of the Internal Revenue Code of 1954, as amended, and the alleged false or misleading representation is not made at the direction of paid personnel. [1985 c.729 §16; 1989 c.913 §2; 1991 c.532 §14]

Source: Section 128.886 — False or misleading representations prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.710 — OR Code / Title 13 / Chapter 125 / Section 125.710
125.710 Powers and duties of county public guardian and conservator
Status: in_force

(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.

(2) When appointed as guardian or conservator by the court having probate jurisdiction, the county public guardian and conservator shall serve as provided in ORS chapter 125, ORS 127.005 (When power of attorney in effect) and 127.015 (Revocation of power of attorney) except as specifically stated to the contrary in ORS 125.700 (Office of county public guardian and conservator) to 125.730 (Fees prohibited) .

(3) The county public guardian and conservator in the discretion of the county public guardian and conservator may employ private attorneys if the fees for the attorneys can be defrayed out of funds of the guardianship or conservatorship estate. [Formerly 126.925; 2014 c.117 §15]

Note: See note under 125.700 (Office of county public guardian and conservator) .

Source: Section 125.710 — Powers and duties of county public guardian and conservator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 124.140 — OR Code / Title 13 / Chapter 124 / Section 124.140
124.140 Estoppel based on criminal conviction
Status: in_force

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

Source: Section 124.140 — Estoppel based on criminal conviction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 130.030 — OR Code / Title 13 / Chapter 130 / Section 130.030
130.030 UTC 107. Governing law
Status: in_force

The meaning and effect of the terms of a trust are determined by:

(1) The law of the state, country or other jurisdiction designated in the terms of the trust unless the designation of the law of that state, country or other jurisdiction is contrary to a strong public policy of the state, country or other jurisdiction having the most significant relationship to the matter at issue; or

(2) In the absence of a controlling designation in the terms of the trust, the law of the state, country or other jurisdiction having the most significant relationship to the matter at issue. [2005 c.348 §7]

Source: Section 130.030 — UTC 107. Governing law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.360 — OR Code / Title 13 / Chapter 130 / Section 130.360
130.360 Limitation on presentation of claims when notice to claimants given
Status: in_force

Not later than four months after a petition under ORS 130.355 (Commencement of proceeding) is entered in the register of the court, the trustee of the trust shall give notice to persons with claims against the trust estate in the manner provided by ORS 130.365 (Publication of notice) and 130.370 (Notice to individual claimants) . All claims against the trust estate are barred unless those claims are submitted before the later of:

(1) Four months after the date of first publication of notice to claimants in the manner provided by ORS 130.365 (Publication of notice) ; or

(2) If the trustee delivers or mails a notice to a claimant under ORS 130.370 (Notice to individual claimants) , 30 days after a notice meeting the requirements of ORS 130.370 (Notice to individual claimants) is delivered or mailed to the last-known address of the person having or asserting the claim. [Formerly 128.262]

Source: Section 130.360 — Limitation on presentation of claims when notice to claimants given , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.620 — OR Code / Title 13 / Chapter 130 / Section 130.620
130.620 UTC 705. Resignation of trustee
Status: in_force

(1) A trustee may resign:

(a) After at least 30 days’ notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or

(b) At any time with the approval of a court.

(2) If a court approves a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.

(3) Any liability of a resigning trustee or of any sureties on the trustee’s bond for acts or omissions of the trustee is not discharged or affected by the trustee’s resignation. [2005 c.348 §54]

Source: Section 130.620 — UTC 705. Resignation of trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.720 — OR Code / Title 13 / Chapter 128 / Section 128.720
128.720 Copies of certain documents and notice to be provided Attorney General
Status: in_force

Every person who offers for probate any instrument which establishes a testamentary trust of property for charitable purposes or who records in any county any inter vivos transfer of property for charitable purposes shall furnish a copy of such document to the Attorney General. Upon filing the final account and petition for a judgment of distribution of any estate through which a residuary testamentary trust for charitable purposes is established, the personal representative shall mail a copy thereof, and a copy of the notice fixing the time for filing objections thereto, to the Attorney General not less than 20 days before the time fixed in the notice. The custodian of the records of a court having jurisdiction of probate matters or of charitable trusts shall furnish such copies of papers, records and files of the office of the custodian relating to the subject of ORS 128.610 (Short title) to 128.769 (Rules) as the Attorney General requires. [1963 c.583 §15; 1971 c.589 §10; 2003 c.576 §385]

Source: Section 128.720 — Copies of certain documents and notice to be provided Attorney General , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 128.630 — OR Code / Title 13 / Chapter 128 / Section 128.630
128.630 Application of ORS 128.610 to 128.769
Status: in_force

(1) ORS 128.610 (Short title) to 128.769 (Rules) apply to all charitable organizations holding property for charitable purposes over which the state or the Attorney General has enforcement or supervisory powers.

(2) ORS 128.610 (Short title) to 128.769 (Rules) shall apply regardless of any contrary provisions of any instrument. [1963 c.583 §§2,14; 1971 c.589 §3; 1981 c.593 §3; 1985 c.729 §27; 1985 c.730 §6; 2007 c.571 §3]

Source: Section 128.630 — Application of ORS 128.610 to 128.769 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.520 — OR Code / Title 13 / Chapter 130 / Section 130.520
130.520 “Specific distribution” defined for ORS 130.520 to 130.575
Status: in_force

For the purposes of ORS 130.520 (“Specific distribution” defined for ORS 130.520 to 130.575) to 130.575 (Effect of advancement on distribution) , “specific distribution” means a distribution of specific property to a specific beneficiary that is required under the terms of a trust instrument. [Formerly 128.370]

Source: Section 130.520 — “Specific distribution” defined for ORS 130.520 to 130.575 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.815 — OR Code / Title 13 / Chapter 127 / Section 127.815
127.815 §3.01. Attending physician responsibilities
Status: in_force

(1) The attending physician shall:

(a) Make the initial determination of whether a patient has a terminal disease, is capable, and has made the request voluntarily;

(b) To ensure that the patient is making an informed decision, inform the patient of:

(A) His or her medical diagnosis;

(B) His or her prognosis;

(C) The potential risks associated with taking the medication to be prescribed;

(D) The probable result of taking the medication to be prescribed; and

(E) The feasible alternatives, including, but not limited to, comfort care, hospice care and pain control;

(c) Refer the patient to a consulting physician for medical confirmation of the diagnosis, and for a determination that the patient is capable and acting voluntarily;

(d) Refer the patient for counseling if appropriate pursuant to ORS 127.825 (§3.03. Counseling referral) ;

(e) Recommend that the patient notify next of kin;

(f) Counsel the patient about the importance of having another person present when the patient takes the medication prescribed pursuant to ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) and of not taking the medication in a public place;

(g) Inform the patient that he or she has an opportunity to rescind the request at any time and in any manner, and offer the patient an opportunity to rescind at the time the patient makes the patient’s second oral request pursuant to ORS 127.840 (§3.06. Written and oral requests) ;

(h) Verify, immediately prior to writing the prescription for medication under ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) , that the patient is making an informed decision;

(i) Fulfill the medical record documentation requirements of ORS 127.855 (§3.09. Medical record documentation requirements) ;

(j) Ensure that all appropriate steps are carried out in accordance with ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) prior to writing a prescription for medication to enable a qualified patient to end his or her life in a humane and dignified manner; and

(k) Intentionally left blank —Ed.

(A) Dispense medications directly, including ancillary medications intended to facilitate the desired effect to minimize the patient’s discomfort, provided the attending physician is registered as a dispensing physician with the Oregon Medical Board, has a current Drug Enforcement Administration certificate and complies with any applicable administrative rule; or

(B) With the patient’s written consent:

(i) Contact a pharmacist and inform the pharmacist of the prescription; and

(ii) Deliver the written prescription personally or by mail to the pharmacist, who will dispense the medications to either the patient, the attending physician or an expressly identified agent of the patient.

(2) Notwithstanding any other provision of law, the attending physician may sign the patient’s report of death. [1995 c.3 §3.01; 1999 c.423 §3; 2013 c.366 §62; 2019 c.624 §1; 2023 c.241 §3]

Source: Section 127.815 — §3.01. Attending physician responsibilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.215 — OR Code / Title 13 / Chapter 125 / Section 125.215
125.215 Acceptance of appointment as fiduciary
Status: in_force

(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 the person nominated as a fiduciary is not the petitioner, the person nominated must file an acceptance of the appointment before the entry of the order appointing the fiduciary.

(2) A fiduciary must promptly file with the court any change in the name, residence or post-office address of the fiduciary.

(3) Subject to ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) for adults as defined in ORS 125.802 (Definitions) , the court has personal jurisdiction over any person who accepts appointment as a fiduciary for the purpose of any matter relating to the protective proceeding, whether the person is a resident or nonresident of this state.

(4) Notice of an objection, motion or other matter in a protective proceeding may be personally served on the fiduciary or mailed to the fiduciary or the fiduciary’s attorney by ordinary mail at the address listed in the court records and to any address for the fiduciary or the fiduciary’s attorney known to the person giving notice. [1995 c.664 §22; 2009 c.179 §25]

Source: Section 125.215 — Acceptance of appointment as fiduciary; notice of proceedings to fiduciary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.850 — OR Code / Title 13 / Chapter 127 / Section 127.850
127.850 §3.08. Waiting periods
Status: in_force

(1) No less than 15 days shall elapse between the patient’s initial oral request and the writing of a prescription under ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) . No less than 48 hours shall elapse between the patient’s written request and the writing of a prescription under ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) .

(2) Notwithstanding subsection (1) of this section, if the qualified patient’s attending physician has medically confirmed that the qualified patient will, within reasonable medical judgment, die before the expiration of at least one of the waiting periods described in subsection (1) of this section, the prescription for medication under ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) may be written at any time following the later of the qualified patient’s written request or second oral request under ORS 127.840 (§3.06. Written and oral requests) . [1995 c.3 §3.08; 2019 c.624 §3]

Source: Section 127.850 — §3.08. Waiting periods , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.155 — OR Code / Title 13 / Chapter 125 / Section 125.155
125.155 Visitor’s report
Status: in_force

(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 petition is filed requesting the appointment of a fiduciary must include the following:

(a) A statement of information gathered by the visitor relating to the correctness of the allegations contained in the petition, whether the appointment of a fiduciary is necessary and whether the nominated fiduciary is qualified and willing to serve.

(b) The name, address and telephone number of each person interviewed for the report, the date of the interview and the relationship of the person interviewed to the respondent.

(c) The recommendations of the visitor with regard to the suitability of the nominated fiduciary, any limitations that should be imposed on the fiduciary and the need for further evaluation.

(d) The recommendation of the visitor on any issue the court specifically asks the visitor to investigate regarding the propriety of appointing a fiduciary for the respondent.

(e) The visitor’s determinations required by ORS 125.150 (Appointment of visitors) .

(f) Any express communication made by the respondent relating to the desires of the respondent regarding representation by counsel.

(g) Any express communication made by the respondent with respect to whether the respondent is willing to attend a hearing, wishes to contest the appointment of a fiduciary, objects to the nominated fiduciary or prefers another person act as fiduciary.

(3) The State Court Administrator may prescribe one or more forms to be used by visitors for filing their reports.

(4) As soon as possible after a report is filed with the court under the provisions of this section, the clerk of the court shall mail copies of the report to any person who has filed with the court a specific request for a copy of the report. A request made under ORS 125.060 (Who must be given notice) (3)(b) does not meet the requirements of this subsection unless the request specifically requests a copy of the visitor’s report.

(5) The visitor must be present at the hearing on any objections to the appointment of a fiduciary. A visitor is entitled to reasonable compensation for attendance at the hearing. The court shall notify the visitor of the time and place of any hearing on objections to the appointment. [1995 c.664 §17; 2003 c.227 §6]

Source: Section 125.155 — Visitor’s report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.830 — OR Code / Title 13 / Chapter 127 / Section 127.830
127.830 §3.04. Informed decision
Status: in_force

No person shall receive a prescription for medication to end his or her life in a humane and dignified manner unless he or she has made an informed decision as defined in ORS 127.800 (§1.01. Definitions) (7). Immediately prior to writing a prescription for medication under ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) , the attending physician shall verify that the patient is making an informed decision. [1995 c.3 §3.04]

Source: Section 127.830 — §3.04. Informed decision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.460 — OR Code / Title 13 / Chapter 125 / Section 125.460
125.460 Consideration of estate plan of protected person
Status: in_force

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]

Source: Section 125.460 — Consideration of estate plan of protected person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 129.320 — OR Code / Title 13 / Chapter 129 / Section 129.320
129.320 UPIA 406. Obligation to pay money
Status: in_force

(1) An amount received as interest, whether determined at a fixed, variable or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, must be allocated to income without any provision for amortization of premium.

(2) A trustee shall allocate to principal an amount received from the sale, redemption or other disposition of an obligation to pay money to the trustee more than one year after it is purchased or acquired by the trustee, including an obligation whose purchase price or value when it is acquired is less than its value at maturity. If the obligation matures within one year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when acquired by the trust must be allocated to income.

(3) This section does not apply to an obligation to which ORS 129.355 (UPIA 409. Deferred compensation, annuities and similar payments) , 129.360 (UPIA 410. Liquidating asset) , 129.365 (UPIA 411. Minerals, water and other natural resources) , 129.370 (UPIA 412. Timber) , 129.380 (UPIA 414. Derivatives and options) or 129.385 (UPIA 415. Asset-backed securities) applies. [2003 c.279 §15]

Source: Section 129.320 — UPIA 406. Obligation to pay money , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 128.334 — OR Code / Title 13 / Chapter 128 / Section 128.334
128.334 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

ORS 128.305 (Short title) to 128.336 (Uniformity of application and construction) modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do not modify, limit or supersede 15 U.S.C. 7001(a), or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b). [2007 c.554 §8]

Source: Section 128.334 — Relation to Electronic Signatures in Global and National Commerce Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.715 — OR Code / Title 13 / Chapter 125 / Section 125.715
125.715 Bond
Status: in_force

(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.

(2) Upon removal of the county public guardian and conservator in accordance with the provisions of ORS 125.705 (Effect of vacancy in office of county public guardian and conservator) , the surety on the county public guardian and conservator bond shall be exonerated upon order to that effect of the court having probate jurisdiction in the county. [Formerly 126.935; 2014 c.117 §16]

Note: See note under 125.700 (Office of county public guardian and conservator) .

Source: Section 125.715 — Bond; exoneration of surety , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.435 — OR Code / Title 13 / Chapter 125 / Section 125.435
125.435 Power of conservator to make gifts
Status: in_force

If the estate has adequate funds to provide for the purposes specified in ORS 125.425 (Powers of conservator to pay expenses of protected person and dependents) , 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]

Source: Section 125.435 — Power of conservator to make gifts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.585 — OR Code / Title 13 / Chapter 128 / Section 128.585
128.585 Personal liability of trustees, shareholders or beneficiaries of business trust
Status: in_force

The trustees, shareholders or beneficiaries of a business trust shall not, as such, be personally liable for any obligations of such business trust arising after June 25, 1971. Persons becoming trustees, shareholders or beneficiaries after June 25, 1971, shall not be personally liable, as such, for obligations of the business trust existing on June 25, 1971. [1971 c.491 §6; 1973 c.367 §14]

Source: Section 128.585 — Personal liability of trustees, shareholders or beneficiaries of business trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 124.073 — OR Code / Title 13 / Chapter 124 / Section 124.073
124.073 Training for abuse investigators
Status: in_force

(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 (Duty to investigate) or 441.650 (Investigation of abuse complaint) . The curriculum shall address the areas of training and education necessary to facilitate the skills required to investigate reports of abuse, including, but not limited to, risk assessment, investigatory technique, evidence gathering and report writing.

(b) Using new or existing materials, develop and implement training for persons that provide care to vulnerable persons to facilitate awareness of the dynamics of abuse, abuse prevention strategies and early detection of abuse.

(2) For purposes of this section, “vulnerable person” means a person 65 years of age or older. [2012 c.70 §21]

Note: 124.073 (Training for abuse investigators) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 124 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 124.073 — Training for abuse investigators , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 130.755 — OR Code / Title 13 / Chapter 130 / Section 130.755
130.755 Prudent investor rule
Status: in_force

(1) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill and caution.

(2) A trustee’s investment and management decisions respecting individual assets are not evaluated in isolation, but in the context of the trust portfolio as a whole and as a part of the overall investment strategy having risk and return objectives reasonably suited to the trust.

(3) A trustee shall consider all relevant circumstances in investing and managing trust assets, including any of the following that are relevant to the trust or the beneficiaries of the trust:

(a) General economic conditions;

(b) The possible effect of inflation or deflation;

(c) The expected tax consequences of investment decisions or strategies;

(d) The role that each investment or course of action plays within an overall trust portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property;

(e) The expected total return from income and the appreciation of capital;

(f) Other resources of the beneficiaries;

(g) Needs for liquidity, regularity of income and preservation or appreciation of capital;

(h) An asset’s special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries;

(i) The intent, desire and personal values of the settlor, including the settlor’s desire to engage in sustainable or socially responsible investment strategies that align with the settlor’s social, environmental, governance or other values or beliefs to the extent known by the trustee; and

(j) The needs of the beneficiaries, including but not limited to the beneficiaries’ personal values and desire that the trustee engage in sustainable or socially responsible investing strategies that align with the beneficiaries’ social, environmental, governance or other values or beliefs, as well as the financial needs of the beneficiaries.

(4) A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets.

(5) A trustee may invest in any kind of property or type of investment consistent with the standards of ORS 130.750 (Trustee’s duty to comply with prudent investor rule) to 130.775 (Trust language authorizing investments permitted under prudent investor rule) .

(6) A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee’s representation that the trustee has special skills or expertise, has a duty to use those special skills or expertise in investing and managing trust assets. [2005 c.348 §78; 2019 c.546 §2]

Source: Section 130.755 — Prudent investor rule , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.525 — OR Code / Title 13 / Chapter 127 / Section 127.525
127.525 Acceptance of appointment
Status: in_force

(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 authority and duties of a health care representative under an advance directive in which the person is named as the health care representative or alternate health care representative.

(2) Subject to the right of the health care representative or the alternate health care representative to withdraw, the acceptance imposes a duty on the health care representative or the alternate health care representative to make health care decisions on behalf of the principal as described in ORS 127.510 (Appointment of health care representative and alternate health care representative) .

(3) Until the principal becomes incapable, the health care representative or the alternate health care representative may withdraw by giving notice to the principal. After the principal becomes incapable, the health care representative or the alternate health care representative may withdraw by giving notice to the health care provider. [1989 c.914 §5; 1993 c.767 §6; 2018 c.36 §12; 2021 c.328 §7]

Source: Section 127.525 — Acceptance of appointment; withdrawal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 129.405 — OR Code / Title 13 / Chapter 129 / Section 129.405
129.405 UPIA 502. Disbursements from principal
Status: in_force

(1) A trustee shall make the following disbursements from principal:

(a) The remaining portions of the disbursements described in ORS 129.400 (UPIA 501. Disbursements from income) (1)(a) to (c);

(b) All of the trustee’s compensation calculated on principal as a fee for acceptance, distribution or termination and disbursements made to prepare property for sale;

(c) Payments on the principal of a trust debt;

(d) Expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property;

(e) Premiums paid on a policy of insurance not described in ORS 129.400 (UPIA 501. Disbursements from income) (1)(e) of which the trust is the owner and beneficiary;

(f) Estate, inheritance and other transfer taxes, including penalties, apportioned to the trust; and

(g) Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties and defending claims based on environmental matters.

(2) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation. [2003 c.279 §26; 2017 c.81 §2]

Source: Section 129.405 — UPIA 502. Disbursements from principal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 130.625 — OR Code / Title 13 / Chapter 130 / Section 130.625
130.625 UTC 706. Removal of trustee
Status: in_force

(1) The settlor, a cotrustee or a beneficiary may request that a court remove a trustee, or a trustee may be removed by a court on its own motion.

(2) A court may remove a trustee if the court finds:

(a) The trustee has committed a serious breach of trust;

(b) Lack of cooperation among cotrustees substantially impairs the administration of the trust;

(c) Removal of the trustee best serves the interests of the beneficiaries because the trustee is unfit or unwilling, or has persistently failed to administer the trust effectively; or

(d) Removal of the trustee best serves the interests of all of the beneficiaries and:

(A) There has been a substantial change of circumstances or removal has been requested by all of the qualified beneficiaries;

(B) A suitable cotrustee or successor trustee is available; and

(C) The trustee fails to establish by clear and convincing evidence that removal is inconsistent with a material purpose of the trust.

(3) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under ORS 130.800 (UTC 1001. Remedies for breach of trust) (2) as may be necessary to protect the trust property or the interests of the beneficiaries. [2005 c.348 §55; 2013 c.529 §14]

Source: Section 130.625 — UTC 706. Removal of trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.861 — OR Code / Title 13 / Chapter 128 / Section 128.861
128.861 Written consent required for representations about use of tickets
Status: in_force

A commercial fund raising firm shall not represent, in the course of its solicitation activities, that tickets to events will be donated for use by another unless it has complied with the following requirements:

(1) The commercial fund raising firm shall obtain commitments, in writing, from beneficiaries stating that they will accept donated tickets and specifying the number of tickets they are willing to accept;

(2) The commercial fund raising firm shall solicit and accept no more contributions of donated tickets than the number of ticket commitments it has received from beneficiaries; and

(3) A ticket commitment alone, as described in this section, shall not constitute written consent to use the organization’s name as described in ORS 128.856 (Written consent by beneficiary to use of name) . [1985 c.729 §15; 1991 c.532 §10]

Source: Section 128.861 — Written consent required for representations about use of tickets , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 126.882 — OR Code / Title 13 / Chapter 126 / Section 126.882
126.882 Application and construction of ORS 126.805 to 126.886
Status: in_force

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

Source: Section 126.882 — Application and construction of ORS 126.805 to 126.886 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 125.050 — OR Code / Title 13 / Chapter 125 / Section 125.050
125.050 Application of ORCP and Oregon Evidence Code
Status: in_force

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]

Source: Section 125.050 — Application of ORCP and Oregon Evidence Code , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.852 — OR Code / Title 13 / Chapter 125 / Section 125.852
125.852 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) 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 notices described in section 3(b) of that Act, 15 U.S.C. 7003(b). [2009 c.179 §22]

Note: See note under 125.800 (Short title) .

Source: Section 125.852 — Relation to Electronic Signatures in Global and National Commerce Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.330 — OR Code / Title 13 / Chapter 125 / Section 125.330
125.330 Limitations on guardian appointed for person committed to custody of Department of Corrections
Status: in_force

(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 (General powers and duties of guardian) (1)(a) or (b) while the person remains confined.

(2) A guardian appointed for a person committed to the legal and physical custody of the Department of Corrections may take reasonable care of the person’s clothing, furniture and other personal effects that are not located at the person’s place of confinement.

(3) A guardian appointed for an incarcerated person may exercise those powers specified in ORS 125.315 (General powers and duties of guardian) (1)(c) only to the extent that the exercise of those powers is consistent with the protected person’s status as a confined person and with the powers and duties of the superintendent or other officials of the facility. In no event may a guardian appointed for a person committed to the legal and physical custody of the Department of Corrections exercise more authority over health care decisions than the protected person could exercise given the person’s status as a confined person. [1999 c.122 §2]

Source: Section 125.330 — Limitations on guardian appointed for person committed to custody of Department of Corrections , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.065 — OR Code / Title 13 / Chapter 125 / Section 125.065
125.065 Manner of giving notice
Status: in_force

(1) Except as provided in ORS 125.060 (Who must be given notice) , 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 respondent is a minor. The notice may not be served on the respondent by the visitor appointed by the court. The notice shall be written in language reasonably understandable by the respondent. The notice must be printed in type size equal to at least 12-point type.

(2) Except as provided in subsection (1) of this section, the notices required under ORS 125.060 (Who must be given notice) may be mailed to the last-known address of the person. If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, notice of the filing of a petition may be given by publishing at least once a week for three consecutive weeks a copy of the notice in a newspaper having general circulation in the county where the hearing is to be held. The last publication of the notice must be at least 15 days before the final date for the filing of objections.

(3) The date of personal service or mailing under this section must be at least 15 days before the final date for the filing of objections to the petition or motion. If the proceedings are subject to the Uniform Child Custody Jurisdiction and Enforcement Act provided for in ORS 109.701 (Short title) to 109.834 (Severability clause) , the date of service or mailing must be at least 21 days before the final date for the filing of objections to the petition or motion.

(4) The court for good cause shown may provide for a different method or time of giving notice under this section.

(5) Proof of the giving of notice must be filed in the proceeding before the court enters any order on a petition or motion. [1995 c.664 §9; 1999 c.649 §53; 2021 c.399 §5]

Source: Section 125.065 — Manner of giving notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.821 — OR Code / Title 13 / Chapter 128 / Section 128.821
128.821 Registration of commercial fund raising firms required
Status: in_force

(1) No person shall engage in solicitations for contributions for or on behalf of a commercial fund raising firm unless the commercial fund raising firm is registered with the Attorney General.

(2) Applications for registration or reregistration shall be in writing, under oath, on a form prescribed by the Attorney General and shall be accompanied by a fee in the amount of $250.

(3) The application shall contain such information as the Attorney General shall require and which is consistent with ORS 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) , including:

(a) The address of the principal place of business of the applicant and any local addresses if the principal place of business is not located in the state.

(b) The form of the applicant’s organization.

(c) The names and personal addresses of all principals of the organization, including all officers and all persons who own a 10 percent or more interest in the organization.

(4) Each registration is valid for one year and may be renewed for additional one-year periods upon application to the Attorney General and payment of the registration fee.

(5) The Attorney General shall be notified in writing of any change in the information contained in the application within seven days after the change occurs. [1985 c.729 §7; 1991 c.532 §2]

Source: Section 128.821 — Registration of commercial fund raising firms required; fee; renewal; notice of change in information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 127.865 — OR Code / Title 13 / Chapter 127 / Section 127.865
127.865 §3.11. Reporting requirements
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Oregon Health Authority shall annually review a sample of records maintained pursuant to ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) .

(b) The authority shall require any health care provider upon dispensing medication pursuant to ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) to file a copy of the dispensing record with the authority.

(2) The authority shall make rules to facilitate the collection of information regarding compliance with ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) . Except as otherwise required by law, the information collected shall not be a public record and may not be made available for inspection by the public.

(3) The authority shall generate and make available to the public an annual statistical report of information collected under subsection (2) of this section. [1995 c.3 §3.11; 1999 c.423 §9; 2001 c.104 §40; 2009 c.595 §89]

Source: Section 127.865 — §3.11. Reporting requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 127.717 — OR Code / Title 13 / Chapter 127 / Section 127.717
127.717 Declaration to be made part of medical record
Status: in_force

Upon being presented with a declaration, a physician or other provider shall make the declaration a part of the principal’s medical record. When acting under authority of a declaration, a physician or provider must comply with it to the fullest extent possible, consistent with reasonable medical practice, the availability of treatments requested and applicable law. If the physician or other provider is unable or unwilling at any time to carry out preferences or instructions contained in a declaration or the decisions of the attorney-in-fact, the physician or provider may withdraw from providing treatment if withdrawal is consistent with the exercise of independent medical judgment that is in the best interest of the principal. Upon withdrawing, a physician or provider shall promptly notify the principal and the attorney-in-fact and document the notification in the principal’s medical record. [1993 c.442 §8; 1999 c.83 §2]

Source: Section 127.717 — Declaration to be made part of medical record; physician or provider to comply with declaration; withdrawal of physician or provider , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.305 — OR Code / Title 13 / Chapter 125 / Section 125.305
125.305 Order of appointment
Status: in_force

(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 incapacitated or the respondent is a vulnerable youth;

(b) The appointment is necessary as a means of providing continuing care and supervision of the respondent; and

(c) The nominated person is both qualified and suitable, and is willing to serve.

(2) The court shall make a guardianship order that is no more restrictive upon the liberty of the protected person than is reasonably necessary to protect the person. In making the order the court shall consider the information in the petition, the report of the visitor, the report of any physician, naturopathic physician or psychologist who has examined the respondent, if there was an examination, and the evidence presented at any hearing.

(3) The court may require that a guardian post bond.

(4) The Department of Human Services may be appointed guardian of a minor if the minor has no living parents and if no willing, qualified and suitable relative or other person has petitioned the court for appointment as a guardian. [1995 c.664 §28; 2017 c.356 §11; 2021 c.399 §11]

Source: Section 125.305 — Order of appointment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 124.060 — OR Code / Title 13 / Chapter 124 / Section 124.060
124.060 Duty of officials to report
Status: in_force

(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, shall report or cause a report to be made in the manner required in ORS 124.065 (Method of reporting) .

(2) Nothing contained in ORS 40.225 (Rule 503. Law practitioner-client privilege) to 40.295 (Rule 514. Effect on existing privileges) affects the duty to report imposed by this section, except that a psychiatrist, psychologist, member of the clergy or attorney is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 (Rule 503. Law practitioner-client privilege) to 40.295 (Rule 514. Effect on existing privileges) .

(3) An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client.

(4) The Long Term Care Ombudsman or a designee of the ombudsman is not required to make a report under this section to the extent the report would violate 42 U.S.C. 3058g(d). [Formerly 410.630; 2009 c.708 §2; 2013 c.352 §6; 2019 c.117 §7]

Source: Section 124.060 — Duty of officials to report; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 125.832 — OR Code / Title 13 / Chapter 125 / Section 125.832
125.832 Notice of proceeding
Status: in_force

If a petition for the appointment of a guardian or issuance of a conservatorship order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent’s home state. The notice must be given in the same manner as notice is required to be given in this state. [2009 c.179 §14]

Note: See note under 125.800 (Short title) .

Source: Section 125.832 — Notice of proceeding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 124.105 — OR Code / Title 13 / Chapter 124 / Section 124.105
124.105 Physical abuse subject to action
Status: in_force

(1) An action may be brought under ORS 124.100 (Definitions for ORS 124.100 to 124.140) 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 (Assault in the fourth degree) , 163.165 (Assault in the third degree) , 163.175 (Assault in the second degree) and 163.185 (Assault in the first degree) .

(b) Menacing, under the provisions of ORS 163.190 (Menacing) .

(c) Recklessly endangering another person, under the provisions of ORS 163.195 (Recklessly endangering another person) .

(d) Criminal mistreatment, under the provisions of ORS 163.200 (Criminal mistreatment in the second degree) and 163.205 (Criminal mistreatment in the first degree) .

(e) Rape, under the provisions of ORS 163.355 (Rape in the third degree) , 163.365 (Rape in the second degree) and 163.375 (Rape in the first degree) .

(f) Sodomy, under the provisions of ORS 163.385 (Sodomy in the third degree) , 163.395 (Sodomy in the second degree) and 163.405 (Sodomy in the first degree) .

(g) Unlawful sexual penetration, under the provisions of ORS 163.408 (Unlawful sexual penetration in the second degree) and 163.411 (Unlawful sexual penetration in the first degree) .

(h) Sexual abuse, under the provisions of ORS 163.415 (Sexual abuse in the third degree) , 163.425 (Sexual abuse in the second degree) and 163.427 (Sexual abuse in the first degree) .

(i) Strangulation, under ORS 163.187 (Strangulation) .

(2) An action may be brought under ORS 124.100 (Definitions for ORS 124.100 to 124.140) for physical abuse if the defendant used any unreasonable physical constraint on the vulnerable person or subjected the vulnerable person to prolonged or continued deprivation of food or water.

(3) An action may be brought under ORS 124.100 (Definitions for ORS 124.100 to 124.140) for physical abuse if the defendant used a physical or chemical restraint, or psychotropic medication on the vulnerable person without an order from a physician or naturopathic physician licensed in the State of Oregon or under any of the following conditions:

(a) For the purpose of punishing the vulnerable person.

(b) For any purpose not consistent with the purposes authorized by a physician or naturopathic physician.

(c) For a period significantly beyond that for which the restraint or medication was authorized by a physician or naturopathic physician. [1995 c.671 §2; 2003 c.577 §4; 2005 c.386 §2; 2017 c.356 §9]

Source: Section 124.105 — Physical abuse subject to action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 125.310 — OR Code / Title 13 / Chapter 125 / Section 125.310
125.310 Letters of guardianship
Status: in_force

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 substantially the following form:

State of Oregon, )

) LETTERS OF

County of ___ ) GUARDIANSHIP

BY THESE LETTERS OF GUARDIANSHIP be informed:

That on ___ (month) ___ (day), 2___, the _____ Court, ___ County, State of Oregon, appointed _____ (name of guardian) guardian for _____ (name of protected person) and that the named guardian has qualified and has the authority and duties of guardian for the named protected person as provided in the order appointing the guardian, a copy of which is attached to these letters.

IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the court at my office on ___ (month) ___ (day), 2___.

________, Clerk of the Court

By ________, Deputy

[1995 c.664 §29]

Source: Section 125.310 — Letters of guardianship , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.802 — OR Code / Title 13 / Chapter 128 / Section 128.802
128.802 Registration of professional fund raising firms required
Status: in_force

(1) No person shall act as a professional fund raising firm with respect to the solicitation of funds in this state on behalf of any nonprofit organization unless the professional fund raising firm is registered with the Attorney General.

(2) Applications for registration or reregistration shall be in writing, under oath, on a form prescribed by the Attorney General and shall be accompanied by a fee in the amount of $250.

(3) The application shall contain such information as the Attorney General shall require and which is consistent with ORS 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) , including:

(a) The address of the principal place of business of the applicant and any local addresses if the principal place of business is not located in the state.

(b) The form of the applicant’s organization.

(c) The names and personal addresses of all principals of the organization, including all officers and all persons who own a 10 percent or more interest in the organization.

(4) Each registration is valid for one year and may be renewed for additional one-year periods upon application to the Attorney General and payment of the registration fee.

(5) The Attorney General shall be notified in writing of any change in the information contained in the application within seven days after the change occurs. [1991 c.532 §17]

Source: Section 128.802 — Registration of professional fund raising firms required; fee; renewal; notice of change of information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.555 — OR Code / Title 13 / Chapter 130 / Section 130.555
130.555 Children of settlors
Status: in_force

(1) As used in this section, “pretermitted child” means a child of a settlor who, after the execution of the trust instrument, is born or adopted during the lifetime of the settlor or is in gestation at the time of the settlor’s death, who is not acknowledged or mentioned, either by name or by class, in the trust instrument or in the settlor’s will, and who survives the settlor.

(2) If a settlor has one or more children living when the settlor executes a trust instrument and no provision is made in the trust for any of those children, a pretermitted child is not entitled to any share of the trust estate.

(3) If a settlor has one or more children living when the settlor executes a trust instrument and provision is made in the trust for any of those children, a pretermitted child is entitled to share in the trust estate as follows:

(a) The pretermitted child may share only in the portion of the trust estate intended to benefit living children.

(b) The share of each pretermitted child is equal to the total value of the portion of the trust estate intended to benefit the living children divided by the number of pretermitted children plus the number of living children for whom provision, other than nominal provision, is made in the trust.

(c) To the extent possible, the interest of each pretermitted child in the trust estate shall be of the same character, whether equitable or legal, as the interest the settlor gave to the living children under the trust.

(4) If a settlor has no child living when the settlor executes a trust instrument, the pretermitted children are entitled to the following share of the trust estate:

(a) If the settlor dies leaving a surviving spouse and all pretermitted children are the issue of the surviving spouse, the pretermitted children are not entitled to any share of the trust estate.

(b) If the settlor dies leaving a surviving spouse and not all pretermitted children are the issue of the surviving spouse, the pretermitted children, as a class, are entitled to one-half of the trust estate, with shares of the trust to be divided equally.

(c) If the settlor dies without leaving a surviving spouse, the pretermitted children are entitled to the entire trust estate, with shares of the trust to be divided equally.

(5) A pretermitted child may recover the share of the trust estate to which the child is entitled as follows:

(a) If the pretermitted child is entitled to a share of the trust estate under subsection (3) of this section, the share must be recovered from the other children.

(b) If the pretermitted child is entitled to a share of the trust estate under subsection (4) of this section, the share must be recovered from the beneficiaries on a pro rata basis, out of the portions of the trust estate passing to those persons under the trust.

(c) In reducing the shares of the beneficiaries under this subsection, the character of the dispositive plan adopted by the settlor in the trust must be preserved to the extent possible. [Formerly 128.388; 2013 c.529 §11]

Source: Section 130.555 — Children of settlors; pretermitted children , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.730 — OR Code / Title 13 / Chapter 128 / Section 128.730
128.730 List of certain claims for exemptions from taxation to be provided Attorney General
Status: in_force

Every officer, agency, board or commission of this state, receiving applications for exemption from taxation of any corporation, charitable trust or similar relationship in which the corporation or trustee is subject to ORS 128.610 (Short title) to 128.769 (Rules) shall annually file with the Attorney General a list of all applications received during the year. [1963 c.583 §16; 1971 c.589 §11]

Source: Section 128.730 — List of certain claims for exemptions from taxation to be provided Attorney General , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.770 — OR Code / Title 13 / Chapter 130 / Section 130.770
130.770 Determination of compliance with prudent investor rule
Status: in_force

Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee’s decision or action and not by hindsight. [2005 c.348 §81]

Source: Section 130.770 — Determination of compliance with prudent investor rule , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.690 — OR Code / Title 13 / Chapter 128 / Section 128.690
128.690 Order for attendance by Attorney General
Status: in_force

When the Attorney General requires the attendance of any person, as provided in ORS 128.680 (Investigatory authority of Attorney General) , the Attorney General shall issue an order setting forth the time when and the place where attendance is required and shall cause the same to be delivered to or sent by registered or certified mail to the person at least 14 days before the date fixed for attendance. Such order shall have the same force and effect as a subpoena and, upon application of the Attorney General, obedience to the order may be enforced by any court having jurisdiction of charitable trusts in the county where the trust may be in existence or administered or the person receiving it resides or is found, in the same manner as though the notice were a subpoena. The court, after hearing, for cause, and upon application of any person aggrieved by the order, shall have the right to alter, amend, revise, suspend or postpone all or any part of its provisions. [1963 c.583 §11]

Source: Section 128.690 — Order for attendance by Attorney General; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 127.995 — OR Code / Title 13 / Chapter 127 / Section 127.995
127.995 Penalties
Status: in_force

(1) It shall be a Class A felony for a person without authorization of the principal to willfully alter, forge, conceal or destroy an instrument, the reinstatement or revocation of an instrument or any other evidence or document reflecting the principal’s desires and interests, with the intent and effect of causing a withholding or withdrawal of life-sustaining procedures or of artificially administered nutrition and hydration which hastens the death of the principal.

(2) Except as provided in subsection (1) of this section, it shall be a Class A misdemeanor for a person without authorization of the principal to willfully alter, forge, conceal or destroy an instrument, the reinstatement or revocation of an instrument, or any other evidence or document reflecting the principal’s desires and interests with the intent or effect of affecting a health care decision. [Formerly 127.585]

Source: Section 127.995 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 127.712 — OR Code / Title 13 / Chapter 127 / Section 127.712
127.712 Scope of authority of attorney-in-fact
Status: in_force

(1) The attorney-in-fact does not have authority to make mental health treatment decisions unless the principal is incapable.

(2) The attorney-in-fact is not, as a result of acting in that capacity, personally liable for the cost of treatment provided to the principal.

(3) Except to the extent the right is limited by the declaration or any federal law, an attorney-in-fact has the same right as the principal to receive information regarding the proposed mental health treatment and to receive, review and consent to disclosure of medical records relating to that treatment. This right of access does not waive any evidentiary privilege.

(4) In exercising authority under the declaration, the attorney-in-fact has a duty to act consistently with the desires of the principal as expressed in the declaration. If the principal’s desires are not expressed in the declaration and not otherwise known by the attorney-in-fact, the attorney-in-fact has a duty to act in what the attorney-in-fact in good faith believes to be the best interests of the principal.

(5) An attorney-in-fact is not subject to criminal prosecution, civil liability or professional disciplinary action for any action taken in good faith pursuant to a declaration for mental health treatment. [1993 c.442 §6]

Source: Section 127.712 — Scope of authority of attorney-in-fact; powers and duties; limitation on liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.610 — OR Code / Title 13 / Chapter 130 / Section 130.610
130.610 UTC 703. Cotrustees
Status: in_force

(1) Cotrustees who are unable to reach a unanimous decision may act by majority decision.

(2) If a vacancy occurs in a cotrusteeship, the remaining cotrustee or cotrustees may act for the trust.

(3) A cotrustee must participate in the performance of a trustee’s function unless:

(a) The cotrustee is unavailable to perform the function because of absence, illness or disqualification under other law;

(b) The cotrustee is unavailable to perform the function because the cotrustee is temporarily financially incapable; or

(c) The cotrustee has delegated the performance of the function to another trustee pursuant to subsection (5) of this section.

(4) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law or temporary financial incapability, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.

(5) Except as prohibited in the terms of the trust, a cotrustee may delegate the performance of a function to another cotrustee, and the other cotrustee may accept the delegation of the performance of the function. The delegation and the acceptance must be in writing. A delegation shall remain in effect until it terminates by its terms, is revoked in writing by the cotrustee making the delegation or is terminated in writing by the cotrustee accepting the delegation.

(6) Except as otherwise provided in subsection (7) of this section, a cotrustee who does not join in an action of another cotrustee is not liable for the action.

(7) Each cotrustee shall exercise reasonable care to:

(a) Prevent a cotrustee from committing a serious breach of trust; and

(b) Compel a cotrustee to redress a serious breach of trust.

(8) A dissenting cotrustee who joins in an action at the direction of the majority of the cotrustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust. [2005 c.348 §52; 2013 c.529 §12]

Source: Section 130.610 — UTC 703. Cotrustees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.825 — OR Code / Title 13 / Chapter 127 / Section 127.825
127.825 §3.03. Counseling referral
Status: in_force

If in the opinion of the attending physician or the consulting physician a patient may be suffering from a psychiatric or psychological disorder or depression causing impaired judgment, either physician shall refer the patient for counseling. No medication to end a patient’s life in a humane and dignified manner shall be prescribed until the person performing the counseling determines that the patient is not suffering from a psychiatric or psychological disorder or depression causing impaired judgment. [1995 c.3 §3.03; 1999 c.423 §4]

Source: Section 127.825 — §3.03. Counseling referral , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 129.205 — OR Code / Title 13 / Chapter 129 / Section 129.205
129.205 UPIA 102. Definitions
Status: in_force

In this chapter:

(1) “Accounting period” means a calendar year unless another 12-month period is selected by a fiduciary. The term includes a portion of a calendar year or other 12-month period that begins when an income interest begins or ends when an income interest ends.

(2) “Beneficiary” includes, in the case of a decedent’s estate, an heir and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary.

(3) “Fiduciary” means a personal representative or a trustee. The term includes an executor, administrator, successor personal representative, special administrator and a person performing substantially the same function.

(4) “Income” means money or property that a fiduciary receives as current return from a principal asset. The term includes a portion of receipts from a sale, exchange or liquidation of a principal asset, to the extent provided in ORS 129.300 (UPIA 401. Character of receipts) to 129.385 (UPIA 415. Asset-backed securities) .

(5) “Income beneficiary” means a person to whom net income of a trust is or may be payable.

(6) “Income interest” means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee’s discretion.

(7) “Mandatory income interest” means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute.

(8) “Net income” means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this chapter to or from income during the period.

(9) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.

(10) “Principal” means property held in trust for distribution to a remainder beneficiary when the trust terminates.

(11) “Remainder beneficiary” means a person entitled to receive principal when an income interest ends.

(12) “Terms of a trust” means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct.

(13) “Trustee” includes an original, additional or successor trustee, whether or not appointed or confirmed by a court. [2003 c.279 §2]

Source: Section 129.205 — UPIA 102. Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 128.573 — OR Code / Title 13 / Chapter 128 / Section 128.573
128.573 Forms
Status: in_force

Upon request, the Secretary of State may furnish forms for documents required or permitted to be filed under ORS 128.560 (“Business trust” described) to 128.600 (Filing, service, copying and certification fees) . The Secretary of State may by rule require the use of the forms. [1995 c.215 §23]

Source: Section 128.573 — Forms; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 126.730 — OR Code / Title 13 / Chapter 126 / Section 126.730
126.730 Payment of moneys to minor pursuant to judgment
Status: in_force

(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 the minor is a ward in the custody of the Department of Human Services under ORS 419B.337 (Commitment to custody of Department of Human Services) , the minor must reside with the person having legal custody of the minor.

(2) The moneys paid under subsection (1) of this section must be paid as follows:

(a) If the minor or person to whom payment is made is represented by an attorney and the judgment is paid in cash, by direct deposit into the attorney’s trust account maintained pursuant to rules of professional conduct adopted under ORS 9.490 (Formulation of rules of professional conduct) to be held for the benefit of the minor. The attorney shall deposit the moneys received on behalf of the minor directly into a federally insured savings account that earns interest in the sole name of the minor, and provide notice of the deposit to the minor and the person to whom payment is made. Notice shall be delivered by personal service or first class mail.

(b) If the minor or person to whom payment is made is not represented by an attorney and the judgment is paid in cash, directly into a federally insured savings account that earns interest in the sole name of the minor. Notice of the deposit shall be delivered to the minor by personal service or first class mail.

(c) If the judgment is paid by purchase of an annuity, by direct payment to the provider of the annuity with the minor designated as the sole beneficiary of the annuity.

(d) If the minor is a ward in the custody of the Department of Human Services under ORS 419B.337 (Commitment to custody of Department of Human Services) and the judgment is paid in cash, directly into a trust account, or subaccount of a trust account, established by the department or the Oregon Health Authority under ORS 430.195 (Receipt of funds for client use) for the purpose of receiving moneys payable to the ward pursuant to the judgment and that earns interest for the benefit of the ward.

(3) The moneys in the minor’s savings account, trust account or trust subaccount established under subsection (2) of this section may not be withdrawn, removed, paid out or transferred to any person, including the minor, except as follows:

(a) Pursuant to court order;

(b) Upon the minor’s attainment of 18 years of age; or

(c) Upon the minor’s death.

(4) This section does not apply if the person making payment has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending. [2009 c.311 §2; 2011 c.188 §2]

Source: Section 126.730 — Payment of moneys to minor pursuant to judgment; payment or deposit; disbursement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 125.850 — OR Code / Title 13 / Chapter 125 / Section 125.850
125.850 Uniformity of application and construction
Status: in_force

In applying and construing ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) , 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 (Short title) .

Source: Section 125.850 — Uniformity of application and construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.690 — OR Code / Title 13 / Chapter 130 / Section 130.690
130.690 UTC 809. Control and protection of trust property
Status: in_force

A trustee shall take reasonable steps to take control of and protect the trust property. [2005 c.348 §67]

Source: Section 130.690 — UTC 809. Control and protection of trust property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.720 — OR Code / Title 13 / Chapter 125 / Section 125.720
125.720 Deposit of funds
Status: in_force

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 (Acts authorized to be performed without prior court approval) (5). [Formerly 126.945; 2014 c.117 §17]

Note: See note under 125.700 (Office of county public guardian and conservator) .

Source: Section 125.720 — Deposit of funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.840 — OR Code / Title 13 / Chapter 130 / Section 130.840
130.840 UTC 1009. Beneficiary’s consent, release or ratification
Status: in_force

If a beneficiary consents to conduct of a trustee that constitutes a breach of trust, releases a trustee from liability for a breach of trust or ratifies a transaction entered into by a trustee that constitutes a breach of trust, the trustee is not liable to the beneficiary for the breach of trust unless:

(1) The consent, release or ratification of the beneficiary was induced by improper conduct of the trustee; or

(2) At the time of the consent, release or ratification, the beneficiary did not know of the beneficiary’s rights or know of the material facts relating to the breach. [2005 c.348 §91]

Source: Section 130.840 — UTC 1009. Beneficiary’s consent, release or ratification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.520 — OR Code / Title 13 / Chapter 125 / Section 125.520
125.520 Order of payment of expenses and claims
Status: in_force

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 support of the protected person and the dependents of the protected person and claims for the expenses of administration.

(2) Expenses and claims for the care, maintenance and support of the protected person and the dependents of the protected person that are not paid under subsection (1) of this section.

(3) Debts and taxes with preference under federal law.

(4) Taxes with preference under the laws of this state that are due and payable while possession of the estate of the protected person is retained by the conservator.

(5) All other claims against the conservatorship estate. [1995 c.664 §58; 1997 c.717 §7]

Source: Section 125.520 — Order of payment of expenses and claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 129.410 — OR Code / Title 13 / Chapter 129 / Section 129.410
129.410 UPIA 503. Transfers from income to principal for depreciation
Status: in_force

(1) In this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than one year.

(2) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:

(a) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;

(b) During the administration of a decedent’s estate; or

(c) Under this section if the trustee is accounting under ORS 129.308 (UPIA 403. Business and other activities conducted by trustee) for the business or activity in which the asset is used.

(3) An amount transferred to principal need not be held as a separate fund. [2003 c.279 §27]

Source: Section 129.410 — UPIA 503. Transfers from income to principal for depreciation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 125.075 — OR Code / Title 13 / Chapter 125 / Section 125.075
125.075 Presentation of objections
Status: in_force

(1) Any person who is interested in the affairs or welfare of a respondent or protected person may present objections to a petition or to a motion in a protective proceeding, including but not limited to:

(a) Any person entitled to receive notice under ORS 125.060 (Who must be given notice) .

(b) Any stepparent or stepchild of the respondent or protected person.

(c) Any other person the court may allow.

(2) Objections to a petition may be either written or oral. Objections to a motion must be in writing, except that a protected person may object orally in person or by other means that are intended to convey the protected person’s objections to the court. Objections to a petition or to a motion must be made or filed with the court within 15 days after notice of the petition or motion is served or mailed in the manner prescribed by ORS 125.065 (Manner of giving notice) . The court shall designate the manner in which oral objections may be made that ensures that a protected person will have the protected person’s objection presented to the court. The clerk of the court shall provide a means of reducing the oral objections to a signed writing for the purpose of filing the objection.

(3) If objections are presented by any of the persons listed in subsection (1) of this section, the court shall schedule a hearing on the objections. The petitioner or person making the motion shall give notice to all persons entitled to notice under ORS 125.060 (Who must be given notice) (3) of the date, time and place of the scheduled hearing at least 15 days before the date set for hearing. Notice shall be given in the manner prescribed by ORS 125.065 (Manner of giving notice) .

(4) Notwithstanding ORS 21.170 (Probate filing fees and accounting fees) , the court may not charge or collect any fee for the filing of objections under the provisions of this section or for the filing of any motion from any of the following:

(a) The respondent or the protected person;

(b) The office of the Long Term Care Ombudsman; or

(c) The system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1).

(5) The court for good cause shown may provide for a different method or time of giving notice under subsection (3) of this section. [1995 c.664 §11; 2011 c.595 §129; 2015 c.365 §1; 2017 c.391 §3]

Source: Section 125.075 — Presentation of objections , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.775 — OR Code / Title 13 / Chapter 130 / Section 130.775
130.775 Trust language authorizing investments permitted under prudent investor rule
Status: in_force

Unless otherwise limited or modified, the following terms or comparable language in the provisions of a trust authorize any investment or strategy permitted under ORS 130.750 (Trustee’s duty to comply with prudent investor rule) to 130.775 (Trust language authorizing investments permitted under prudent investor rule) : “investments permissible by law for investment of trust funds,” “legal investments,” “authorized investments,” “using the judgment and care under the circumstances then prevailing that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital,” “prudent man rule,” “prudent trustee rule” and “prudent investor rule.” [2005 c.348 §82]

Source: Section 130.775 — Trust language authorizing investments permitted under prudent investor rule , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.646 — OR Code / Title 13 / Chapter 127 / Section 127.646
127.646 Definitions for ORS 127.646 to 127.654
Status: in_force

As used in ORS 127.646 (Definitions for ORS 127.646 to 127.654) to 127.654 (Scope of requirement) :

(1) “Health care organization” means a home health agency, hospice program, hospital, long term care facility or health maintenance organization.

(2) “Health maintenance organization” has the meaning given that term in ORS 750.005 (Definitions) , except that “health maintenance organization” includes only those organizations that participate in the federal Medicare or Medicaid programs.

(3) “Home health agency” has the meaning given that term in ORS 443.014 (Definitions for ORS 443.014 to 443.105) .

(4) “Hospice program” has the meaning given that term in ORS 443.850 (Definitions for ORS 443.850 to 443.869) .

(5) “Hospital” has the meaning given that term in ORS 442.015 (Definitions) . “Hospital” does not include a special inpatient care facility.

(6) “Long term care facility” has the meaning given that term in ORS 442.015 (Definitions) , except that “long term care facility” does not include an intermediate care facility for individuals with intellectual or developmental disabilities. [1991 c.761 §1; 2001 c.104 §38; 2009 c.595 §87; 2009 c.792 §30; 2017 c.707 §8]

Source: Section 127.646 — Definitions for ORS 127.646 to 127.654 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.235 — OR Code / Title 13 / Chapter 125 / Section 125.235
125.235 Liability of fiduciary
Status: in_force

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]

Source: Section 125.235 — Liability of fiduciary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 129.365 — OR Code / Title 13 / Chapter 129 / Section 129.365
129.365 UPIA 411. Minerals, water and other natural resources
Status: in_force

(1) To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall allocate them as follows:

(a) If received as nominal delay rental or nominal annual rent on a lease, a receipt must be allocated to income.

(b) If received from a production payment, a receipt must be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance must be allocated to principal.

(c) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus or delay rental is more than nominal, 90 percent must be allocated to principal and the balance to income.

(d) If an amount is received from a working interest or any other interest not provided for in paragraph (a), (b) or (c) of this subsection, 90 percent of the net amount received must be allocated to principal and the balance to income.

(2) An amount received on account of an interest in water that is renewable must be allocated to income. If the water is not renewable, 90 percent of the amount must be allocated to principal and the balance to income.

(3) This chapter applies whether or not a decedent or donor was extracting minerals, water or other natural resources before the interest became subject to the trust.

(4) If a trust owns an interest in minerals, water or other natural resources on January 1, 2004, the trustee may allocate receipts from the interest as provided in this chapter or in the manner used by the trustee before January 1, 2004. If the trust acquires an interest in minerals, water or other natural resources after January 1, 2004, the trustee shall allocate receipts from the interest as provided in this chapter. [2003 c.279 §20]

Source: Section 129.365 — UPIA 411. Minerals, water and other natural resources , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 128.600 — OR Code / Title 13 / Chapter 128 / Section 128.600
128.600 Filing, service, copying and certification fees
Status: in_force

The Secretary of State shall collect the fees described in ORS 56.140 (Fees) for each document delivered for filing under ORS 128.560 (“Business trust” described) to 128.600 (Filing, service, copying and certification fees) and for process served on the secretary under ORS 128.560 (“Business trust” described) to 128.600 (Filing, service, copying and certification fees) . The secretary may collect the fees described in ORS 56.140 (Fees) for copying any public record under ORS 128.560 (“Business trust” described) to 128.600 (Filing, service, copying and certification fees) , certifying the copy or certifying to other facts of record under ORS 128.560 (“Business trust” described) to 128.600 (Filing, service, copying and certification fees) . [1987 c.94 §129; 1991 c.132 §14; 1995 c.215 §26; 1999 c.652 §15]

Source: Section 128.600 — Filing, service, copying and certification fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.055 — OR Code / Title 13 / Chapter 130 / Section 130.055
130.055 UTC 202. Jurisdiction over trustee and beneficiary
Status: in_force

(1) By accepting the trusteeship of a trust having its principal place of administration in Oregon or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.

(2) The beneficiaries of a trust having its principal place of administration in Oregon are subject to the jurisdiction of the courts of Oregon regarding any matter involving the beneficiaries’ interests in the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.

(3) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary or other person receiving property from the trust. [2005 c.348 §13]

Source: Section 130.055 — UTC 202. Jurisdiction over trustee and beneficiary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.654 — OR Code / Title 13 / Chapter 127 / Section 127.654
127.654 Scope of requirement
Status: in_force

(1) The requirements of ORS 127.646 (Definitions for ORS 127.646 to 127.654) to 127.654 (Scope of requirement) are in addition to any requirements that may be imposed under federal law, but ORS 127.646 (Definitions for ORS 127.646 to 127.654) to 127.654 (Scope of requirement) shall be interpreted in a fashion consistent with the Patient Self-Determination Act, enacted by sections 4206 and 4751 of Public Law 101-508. Nothing in ORS 127.646 (Definitions for ORS 127.646 to 127.654) to 127.654 (Scope of requirement) requires any health care organization, or any employee or agent of a health care organization, to act in a manner inconsistent with federal law or contrary to individual religious or philosophical beliefs.

(2) No health care organization shall be subject to criminal prosecution or civil liability for failure to comply with ORS 127.646 (Definitions for ORS 127.646 to 127.654) to 127.654 (Scope of requirement) . [1991 c.761 §4]

Source: Section 127.654 — Scope of requirement; limitation on liability for failure to comply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.090 — OR Code / Title 13 / Chapter 125 / Section 125.090
125.090 Termination of proceedings
Status: in_force

(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 that a protected person continues to be incapacitated or financially incapable if a motion to terminate a protective proceeding is filed and the fiduciary opposes the motion. A visitor must be appointed if a motion for termination of a guardianship is filed and objections are filed to the motion. A visitor may be appointed if a motion for termination of a conservatorship is filed.

(2) The court may terminate protective proceedings upon motion after determining any of the following:

(a) The appointment of a fiduciary or other protective order was made because the protected person was a minor, and the protected person has attained the age of majority.

(b) The appointment of a fiduciary or other protective order was made because the protected person was incapacitated, and the protected person is no longer incapacitated.

(c) The appointment of a fiduciary or other protective order was made because the protected person was financially incapable, and the protected person is no longer financially incapable or the conditions of ORS 125.535 (Disposition of small estate) have been met.

(d) The protected person has died.

(e) The best interests of the protected person would be served by termination of the proceedings.

(f) If the appointment of a guardian was made because the protected person was a vulnerable youth:

(A) The protected person has attained 21 years of age;

(B) The protected person moved the court to terminate the guardianship; or

(C) Intentionally left blank —Ed.

(i) The guardian or other person moved the court to terminate the guardianship;

(ii) The motion is supported by a declaration establishing that a substantial change has occurred in the circumstances of the protected person or of the guardian; and

(iii) The best interests of the protected person would be served by termination of the guardianship.

(3) The court shall terminate a protective proceeding by entry of a general judgment. [1995 c.664 §14; 2005 c.568 §37; 2021 c.399 §8]

Source: Section 125.090 — Termination of proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 126.805 — OR Code / Title 13 / Chapter 126 / Section 126.805
126.805 Definitions for ORS 126.805 to 126.886
Status: in_force

As used in ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) , 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 engaged in the business of effecting transactions in securities or commodities for the account of the person or for others.

(4) “Conservator” means a person appointed or qualified by a court to act as general, limited or temporary guardian of a beneficiary’s property or a person legally authorized to perform substantially the same functions.

(5) “Court” means circuit court.

(6) “Custodial property” includes:

(a) Any interest in property transferred to a custodian under ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) .

(b) The income from that interest in property.

(7) “Custodian” means the person designated as custodian under ORS 126.812 (Nomination of custodian) or a successor or substitute custodian designated under ORS 126.862 (Refusal to serve as custodian) .

(8) “Financial institution” means a financial institution as defined in ORS 706.008 (Additional definitions for Bank Act) or a trust company as defined in ORS 706.008 (Additional definitions for Bank Act) .

(9) “Legal representative” means the personal representative or conservator.

(10) “Member of the beneficiary’s family” means the beneficiary’s parent, stepparent, spouse, grandparent, brother, sister, uncle or aunt, whether of the whole blood or the half blood or through legal adoption.

(11) “Minor” means any person who has not attained the age of 21 years.

(12) “Personal representative” means an executor, administrator, successor personal representative, or special administrator of a decedent’s estate or a person legally authorized to perform substantially the same functions.

(13) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.

(14) “Transfer” means a transaction that creates custodial property under ORS 126.832 (Creation and transfer of custodial property) .

(15) “Transferor” means a person who makes a transfer under ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) .

(16) “Trust company” means a trust company as defined in ORS 706.008 (Additional definitions for Bank Act) . [1959 c.640 §1; 1967 c.300 §1; 1973 c.827 §18; 1981 c.443 §1; 1983 c.457 §1; 1985 c.665 §1; 1997 c.631 §412; 2005 c.349 §1]

Source: Section 126.805 — Definitions for ORS 126.805 to 126.886 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 126.822 — OR Code / Title 13 / Chapter 126 / Section 126.822
126.822 Transfer to custodian in absence of authorization
Status: in_force

(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 (Creation and transfer of custodial property) , in the absence of a will or under a will or trust that does not contain an authorization to do so.

(2) Subject to subsection (3) of this section, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to ORS 126.832 (Creation and transfer of custodial property) .

(3) A transfer under subsection (1) or (2) of this section may be made only if:

(a) The personal representative, trustee or conservator considers the transfer to be in the best interest of the minor;

(b) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument; and

(c) The transfer is authorized by the court if it exceeds $30,000 in value. [1985 c.665 §7; 2001 c.244 §3]

Source: Section 126.822 — Transfer to custodian in absence of authorization , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 127.035 — OR Code / Title 13 / Chapter 127 / Section 127.035
127.035 Limitations on liability of person reasonably relying on power of attorney
Status: in_force

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. Any person who has not received actual notice of revocation of a power of attorney is not liable to any other person by reason of relying on a power of attorney that has been revoked. [2001 c.395 §2; 2009 c.46 §5]

Source: Section 127.035 — Limitations on liability of person reasonably relying on power of attorney , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 124.087 — OR Code / Title 13 / Chapter 124 / Section 124.087
124.087 Policies and guidelines to plan for development and standardization of certain resources and technologies
Status: in_force

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 (Duty of officials to report) and 441.640 (Report of suspected abuse of resident required) and investigations of abuse conducted pursuant to ORS 124.070 (Duty to investigate) and 441.650 (Investigation of abuse complaint) with information including, but not limited to:

(a) The date and location of the report of abuse and the incident of abuse that was reported;

(b) If applicable, the date that the initial status report required under ORS 441.650 (Investigation of abuse complaint) was completed and a summary of the information required to be contained in the initial status report as set forth in ORS 441.650 (Investigation of abuse complaint) ;

(c) The date that the investigation was commenced and by what entity;

(d) Any actions taken during the course of the investigation, including but not limited to the actions required under ORS 441.650 (Investigation of abuse complaint) (6);

(e) The date that a written report, including but not limited to the written report required under ORS 124.071 (Deadline to complete abuse investigation) and 441.650 (Investigation of abuse complaint) (6), was completed and a summary of the information contained in the written report; and

(f) The disposition of the report of abuse or the investigation of the report, including but not limited to the date and time that the investigation, if applicable, was completed and the date that a letter of determination under ORS 441.677 (Letter of determination) was prepared;

(2) Standardize procedures and protocols for making and responding to reports of abuse made under ORS 124.060 (Duty of officials to report) and 441.640 (Report of suspected abuse of resident required) ;

(3) Standardize procedures and protocols for investigations of reports of abuse conducted pursuant to ORS 124.070 (Duty to investigate) and 441.650 (Investigation of abuse complaint) ; and

(4) Promote and coordinate communication and information sharing with law enforcement agencies regarding reports and investigations of abuse under ORS 124.060 (Duty of officials to report) , 124.070 (Duty to investigate) , 441.640 (Report of suspected abuse of resident required) and 441.650 (Investigation of abuse complaint) . [2014 c.104 §4]

Note: 124.087 (Policies and guidelines to plan for development and standardization of certain resources and technologies) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 124 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 124.087 — Policies and guidelines to plan for development and standardization of certain resources and technologies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 125.687 — OR Code / Title 13 / Chapter 125 / Section 125.687
125.687 Limitations of court on appointment of Oregon Public Guardian and Conservator
Status: in_force

(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 (When power of attorney in effect) and 127.015 (Revocation of power of attorney) , except as expressly stated otherwise in ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) or by order of the court.

(2) The Oregon Public Guardian and Conservator shall file an official bond in an amount determined in consultation with the Oregon Department of Administrative Services. The bond shall inure to the joint benefit of the several public guardianship and conservatorship estates in which the Oregon Public Guardian and Conservator is providing services, but a bond is not required to be filed in individual estates.

(3) The court may not charge the Oregon Public Guardian and Conservator a fee for the filing of a petition or any other pleading under this chapter when the filing is made in connection with the provision of public guardian and conservator services under ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) .

(4) Intentionally left blank —Ed.

(a) The court shall order the client or the client’s estate to pay for reasonable expenses incurred, including compensation for services rendered, in the provision of public guardian and conservator services to the client, including but not limited to court costs and attorney fees.

(b) If a client is indigent, the Oregon Public Guardian and Conservator shall have a claim against the client or the client’s estate for the portion of any payment ordered under paragraph (a) of this subsection that remains unpaid.

(5) The court may not order the Oregon Public Guardian and Conservator, a deputy public guardian and conservator or the office of the Long Term Care Ombudsman to pay court costs or attorney fees in a proceeding brought on behalf of a client under ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) . [2014 c.117 §7; 2017 c.310 §4]

Source: Section 125.687 — Limitations of court on appointment of Oregon Public Guardian and Conservator; bond; fees and compensation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 124.990 — OR Code / Title 13 / Chapter 124 / Section 124.990
124.990 Criminal penalty
Status: in_force

A person who violates ORS 124.060 (Duty of officials to report) commits a Class A violation. [Formerly 410.990]

Source: Section 124.990 — Criminal penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 130.185 — OR Code / Title 13 / Chapter 130 / Section 130.185
130.185 UTC 408. Pet trust
Status: in_force

(1) A trust may be created to provide for the care of one or more animals that are alive during the settlor’s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal, upon the death of the last surviving animal. An oral or written declaration shall be liberally construed in favor of finding the creation of a trust under this section. There is a presumption against merely precatory or honorary disposition on behalf of an animal.

(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if a person is not appointed in the terms of the trust, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. Reasonable compensation for a person appointed by the court may be paid from the assets of the trust.

(3) Property of a trust authorized by this section may be applied only to its intended use. Upon termination of the trust, property of the trust must be distributed to those persons designated in the trust. In the absence of a designation, the property shall be distributed to the settlor if the settlor is living when the distribution is made, or to the settlor’s successors in interest if the settlor is not living when the distribution is made.

(4) Except as ordered by a circuit court or required by the trust instrument, a trustee for a trust authorized under this section need not pay any fee or make any filing, report, registration, periodic accounting, separate maintenance of funds or appointment by reason of the existence of the fiduciary relationship of the trustee. A person appointed to enforce the trust may request a report under ORS 130.710 (UTC 813. Duty to inform and report) (3). [2005 c.348 §28]

Source: Section 130.185 — UTC 408. Pet trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.805 — OR Code / Title 13 / Chapter 125 / Section 125.805
125.805 International application
Status: in_force

A court of this state may treat a foreign country as if it were a state for the purpose of applying ORS 125.800 (Short title) to 125.840 (Accepting guardianship or conservatorship transferred from another state) , 125.850 (Uniformity of application and construction) and 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) . [2009 c.179 §3]

Note: See note under 125.800 (Short title) .

Source: Section 125.805 — International application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.893 — OR Code / Title 13 / Chapter 128 / Section 128.893
128.893 Use of in-state address
Status: in_force

(1) A person may not use an address in this state, including a return address, in a solicitation, or in written material issued in connection with a solicitation, made on behalf of a nonprofit organization unless:

(a) The nonprofit organization actually maintains and staffs an office in this state; or

(b) The solicitation, or written material issued in connection with a solicitation, discloses:

(A) The address of the actual headquarters of the nonprofit organization; and

(B) That the address in this state is a mail drop or that the address in this state is solely the address of a mail handling facility.

(2) If the disclosures described in subsection (1) of this section are required in a written solicitation, or in written material issued in connection with a solicitation, the disclosures shall be printed immediately proximate to the address in this state and in a location and typeface no less prominent than the address in this state. [2003 c.40 §2]

Source: Section 128.893 — Use of in-state address , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.812 — OR Code / Title 13 / Chapter 125 / Section 125.812
125.812 Taking testimony in another state
Status: in_force

(1) In a guardianship or conservatorship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.

(2) In a guardianship or conservatorship proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony. [2009 c.179 §6]

Note: See note under 125.800 (Short title) .

(Article 2 - Jurisdiction)

Source: Section 125.812 — Taking testimony in another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 126.857 — OR Code / Title 13 / Chapter 126 / Section 126.857
126.857 Third person’s duties in dealing with custodian
Status: in_force

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 validity of the purported custodian’s designation;

(2) The propriety of, or the authority under ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) for, any act of the purported custodian;

(3) The validity or propriety under ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or

(4) The propriety of the application of any property of the beneficiary delivered to the purported custodian. [1985 c.665 §17; 2005 c.349 §11]

Source: Section 126.857 — Third person’s duties in dealing with custodian , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 130.850 — OR Code / Title 13 / Chapter 130 / Section 130.850
130.850 UTC 1011. Interest as general partner
Status: in_force

(1) Except as otherwise provided in subsection (3) of this section or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust’s acquisition of the interest if the trustee’s fiduciary capacity is disclosed.

(2) Except as otherwise provided in subsection (3) of this section, a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.

(3) The immunity provided by this section does not apply if an interest in a partnership is held by the trustee in a capacity other than that of trustee.

(4) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership to the same extent that the settlor would be liable if the settlor were a general partner. [2005 c.348 §93]

Source: Section 130.850 — UTC 1011. Interest as general partner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.520 — OR Code / Title 13 / Chapter 128 / Section 128.520
128.520 Employees’ trust may be in perpetuity
Status: in_force

An employees’ trust may be permitted to accumulate for such time as may be necessary to accomplish the purpose for which it is created, and is not invalid as violating any rule of law against perpetuities or the suspension of the power of alienation of title to property. The income from any property held in an employees’ trust may continue in perpetuity or in accordance with the terms of such trust, and the plan of which such trust forms a part, for such time as may be necessary to accomplish the purpose for which such trust is created. [1955 c.586 §2]

Source: Section 128.520 — Employees’ trust may be in perpetuity; accumulation of income , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 129.308 — OR Code / Title 13 / Chapter 129 / Section 129.308
129.308 UPIA 403. Business and other activities conducted by trustee
Status: in_force

(1) If a trustee who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or activity instead of accounting for it as part of the trust’s general accounting records, the trustee may maintain separate accounting records for its transactions, whether or not its assets are segregated from other trust assets.

(2) A trustee who accounts separately for a business or other activity may determine the extent to which its net cash receipts must be retained for working capital, the acquisition or replacement of fixed assets, and other reasonably foreseeable needs of the business or activity, and the extent to which the remaining net cash receipts are accounted for as principal or income in the trust’s general accounting records. If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or activity, the trustee shall account for the net amount received as principal in the trust’s general accounting records to the extent the trustee determines that the amount received is no longer required in the conduct of the business.

(3) Activities for which a trustee may maintain separate accounting records include:

(a) Retail, manufacturing, service and other traditional business activities;

(b) Farming;

(c) Raising and selling livestock and other animals;

(d) Management of rental properties;

(e) Extraction of minerals and other natural resources;

(f) Timber operations; and

(g) Activities to which ORS 129.380 (UPIA 414. Derivatives and options) applies. [2003 c.279 §12]

Source: Section 129.308 — UPIA 403. Business and other activities conducted by trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 126.872 — OR Code / Title 13 / Chapter 126 / Section 126.872
126.872 Delayed transfer of custodial property to beneficiary
Status: in_force

(1) Except as provided in this section, a person making a transfer to a custodian under ORS 126.816 (Irrevocable gifts or exercise of power of appointment) or 126.819 (Irrevocable transfer by personal representative or trustee to custodian) 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 beneficiary attains the age of 25 years; or

(b) The date on which the beneficiary attains the age of 25 years.

(2) If the person making the transfer to the custodian under ORS 126.816 (Irrevocable gifts or exercise of power of appointment) or 126.819 (Irrevocable transfer by personal representative or trustee to custodian) specifies no time for the transfer of the custodial property to the beneficiary, the custodian shall transfer the custodial property to the beneficiary on the date that the beneficiary attains the age of 21 years.

(3) A personal representative or trustee making a transfer to a custodian under ORS 126.819 (Irrevocable transfer by personal representative or trustee to custodian) may provide for a delayed transfer of the custodial property pursuant to this section only if the governing will or trust directs that the custodial property be transferred within the time specified by subsection (1) of this section. The transfer to the custodian must provide that the custodial property be transferred to the beneficiary at the age specified in the governing will or trust.

(4) A transfer to a custodian under ORS 126.816 (Irrevocable gifts or exercise of power of appointment) or 126.819 (Irrevocable transfer by personal representative or trustee to custodian) is not invalid if the transfer provides that the custodial property be transferred to the beneficiary after the beneficiary attains the age of 25 years. If an otherwise valid transfer provides that the custodial property be transferred to the beneficiary after the beneficiary attains the age of 25 years, the custodial property must be transferred to the beneficiary on the date that the beneficiary attains the age of 25 years. [2001 c.244 §2; 2005 c.349 §16]

Source: Section 126.872 — Delayed transfer of custodial property to beneficiary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 125.827 — OR Code / Title 13 / Chapter 125 / Section 125.827
125.827 Appropriate forum
Status: in_force

(1) A court of this state having jurisdiction under ORS 125.820 (Jurisdiction) to appoint a guardian or issue a conservatorship order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

(2) If a court of this state declines to exercise its jurisdiction under subsection (1) of this section, the court shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a conservatorship order be filed promptly in another state.

(3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

(a) Any expressed preference of the respondent;

(b) Whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation;

(c) The length of time the respondent was physically present in or was a legal resident of this or another state;

(d) The distance of the respondent from the court in each state;

(e) The financial circumstances of the respondent’s estate;

(f) The nature and location of the evidence;

(g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

(h) The familiarity of the court of each state with the facts and issues in the proceeding; and

(i) If an appointment were made, the court’s ability to monitor the conduct of the guardian or conservator. [2009 c.179 §12]

Note: See note under 125.800 (Short title) .

Source: Section 125.827 — Appropriate forum , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.570 — OR Code / Title 13 / Chapter 128 / Section 128.570
128.570 Business trusts and trustees not subject to bank and trust company regulations
Status: in_force

Neither a business trust nor the trustees of such trust are subject to the provisions of ORS chapters 706, 707 and 709. [1971 c.491 §3; 1997 c.631 §418]

Source: Section 128.570 — Business trusts and trustees not subject to bank and trust company regulations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.845 — OR Code / Title 13 / Chapter 125 / Section 125.845
125.845 Registration of conservatorship orders
Status: in_force

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 in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. The person registering the order, and any other person making an appearance in the proceeding, must pay the filing fee established under ORS 21.145 (Simple proceeding filing fee) . [2009 c.179 §19; 2011 c.595 §37]

Note: See note under 125.800 (Short title) .

Source: Section 125.845 — Registration of conservatorship orders; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).