ORS § 125.005 — OR Code / Title 13 / Chapter 125 / Section 125.005
125.005 Definitions
Status: in_force

As used in this chapter:

(1) “Conservator” means a person appointed as a conservator under the provisions of this chapter.

(2) “Fiduciary” means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter.

(3) “Financially incapable” means a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance. “Manage financial resources” means those actions necessary to obtain, administer and dispose of real and personal property, intangible property, business property, benefits and income.

(4) “Guardian” means a person appointed as a guardian under the provisions of this chapter.

(5) “Incapacitated” means a condition in which a person’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person’s physical health or safety. “Meeting the essential requirements for physical health and safety” means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur.

(6) “Minor” means any person who has not attained 18 years of age.

(7) “Protected person” means a person for whom a protective order has been entered.

(8) “Protective order” means an order of a court appointing a fiduciary or any other order of the court entered for the purpose of protecting the person or estate of a respondent or protected person.

(9) “Protective proceeding” means a proceeding under this chapter.

(10) “Respondent” means a person for whom entry of a protective order is sought in a petition filed under ORS 125.055 (Petitions in protective proceedings) .

(11) “Visitor” means a person appointed by the court under ORS 125.150 (Appointment of visitors) for the purpose of interviewing and evaluating a respondent or protected person.

(12) “Vulnerable youth” means a person who:

(a) Is at least 18 years of age but has not attained 21 years of age;

(b) Is eligible for classification under 8 U.S.C. 1101(a)(27)(J); and

(c) Cannot be reunified with one or more of the person’s parents due to abuse, neglect or abandonment, that occurred when the person was a minor. [1995 c.664 §1; 2007 c.70 §31; 2021 c.399 §1]

Source: Section 125.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.550 — OR Code / Title 13 / Chapter 127 / Section 127.550
127.550 Petition for judicial review of advance directives
Status: in_force

(1) A health care decision made by a person who is authorized to make the decision under ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) is effective immediately and does not require judicial approval.

(2) A petition may be filed under ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) for one or more of the following purposes:

(a) Determining whether a principal is incapable.

(b) Determining whether an appointment of a health care representative or the execution of an advance directive is valid or has been suspended, reinstated, revoked or terminated.

(c) Determining whether the acts or proposed acts of a health care representative breach any duty of the health care representative and whether those acts should be enjoined.

(d) Declaring that a person is authorized to act as a health care representative.

(e) Disqualifying a health care representative upon a determination of the court that the health care representative has violated, has failed to perform or is unable to perform the duties under ORS 127.535 (Authority of health care representative) (4).

(f) Approving any health care decision that by law requires court approval.

(g) Determining whether the acts or proposed acts of a health care representative are clearly inconsistent with the preferences of the principal as made known to the health care representative, or where the preferences of the principal are unknown or unclear, whether the acts or proposed acts of the health care representative are clearly contrary to the best interests of the principal.

(h) Declaring that a form appointing a health care representative is suspended or revoked upon a determination by the court that the appointed health care representative has made a health care decision for the principal that authorized anything illegal. A suspension or revocation of a form appointing a health care representative under this paragraph shall be in the discretion of the court.

(i) Considering any other matter that the court determines needs to be decided for the protection of the principal.

(3) A petition may be filed by any of the following:

(a) The principal.

(b) A health care representative.

(c) The spouse, parent, sibling or adult child of the principal.

(d) An adult relative or adult friend of the principal who is familiar with the desires of the principal.

(e) The guardian of the principal.

(f) The conservator of the principal.

(g) The attending physician or attending health care provider of the principal.

(4) A petition under this section shall be filed in the circuit court in the county in which the principal resides or is located.

(5) A determination described in this section may be made by the court as a part of a protective proceeding under ORS chapter 125 if a guardian or temporary guardian has been appointed for the principal, or if the petition seeks the appointment of a guardian or a temporary guardian for the principal. [1989 c.914 §9a; 1993 c.767 §13; 2001 c.396 §2; 2018 c.36 §15]

Source: Section 127.550 — Petition for judicial review of advance directives; scope of review; authority to file petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 127.800 — OR Code / Title 13 / Chapter 127 / Section 127.800
127.800 §1.01. Definitions
Status: in_force

The following words and phrases, whenever used in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) , have the following meanings:

(1) “Adult” means an individual who is 18 years of age or older.

(2) “Attending physician” means the physician who has primary responsibility for the care of the patient and treatment of the patient’s terminal disease.

(3) “Capable” means that in the opinion of a court or in the opinion of the patient’s attending physician or consulting physician, psychiatrist or psychologist, a patient has the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the patient’s manner of communicating if those persons are available.

(4) “Consulting physician” means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient’s disease.

(5) “Counseling” means one or more consultations as necessary between a state licensed psychiatrist or psychologist and a patient for the purpose of determining that the patient is capable and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.

(6) “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the law of this state to administer health care or dispense medication in the ordinary course of business or practice of a profession, and includes a health care facility.

(7) “Informed decision” means a decision by a qualified patient, to request and obtain a prescription to end his or her life in a humane and dignified manner, that is based on an appreciation of the relevant facts and after being fully informed by the attending physician 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.

(8) “Medically confirmed” means the medical opinion of the attending physician has been confirmed by a consulting physician who has examined the patient and the patient’s relevant medical records.

(9) “Patient” means a person who is under the care of a physician.

(10) “Physician” means a doctor licensed to practice medicine under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location) .

(11) “Qualified patient” means a capable adult who has satisfied the requirements of ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) in order to obtain a prescription for medication to end his or her life in a humane and dignified manner.

(12) “Terminal disease” means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months. [1995 c.3 §1.01; 1999 c.423 §1; 2017 c.409 §3; 2023 c.241 §1]

(Written Request for Medication to

End One’s Life in a

Humane and Dignified Manner)

(Section 2)

Source: Section 127.800 — §1.01. Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.120 — OR Code / Title 13 / Chapter 125 / Section 125.120
125.120 Protected person special advocate
Status: in_force

(1) At any time after a presiding judge issues a court order described in subsection (5) of this section and after the appointment of a fiduciary that is not a financial institution or trust company as defined in ORS 706.008 (Additional definitions for Bank Act) , the court, on its own motion or on the motion of any person who is interested in the affairs or welfare of the protected person, may appoint a volunteer to serve as a protected person special advocate.

(2) The protected person special advocate shall:

(a) Investigate and evaluate the protected person’s circumstances to establish whether the fiduciary is fulfilling the fiduciary duties and obligations with which the fiduciary has been charged;

(b) Inform the fiduciary of support services and resources available in the community to assist in the care and welfare of the protected person;

(c) Provide a written report to the court of the findings of the protected person special advocate, in a form approved by the court, and provide copies of the report to all persons entitled to notice under ORS 125.060 (Who must be given notice) ; and

(d) Perform any other duties, responsibilities or functions as ordered by the court.

(3) Intentionally left blank —Ed.

(a) A person appointed as a protected person special advocate shall perform the duties, responsibilities and functions of a protected person special advocate as a volunteer and is not entitled to compensation or reimbursement for expenses from the court, the protected person or the protected person’s estate.

(b) A person appointed as a protected person special advocate is immune from any liability for acts or omissions or errors in judgment made in good faith in the course or scope of the person’s duties, responsibilities and functions as a protected person special advocate.

(4) Subject to any law relating to confidentiality and as specified in the court’s order appointing the protected person special advocate, the special advocate may inspect and copy records and information related to the health, mental health, finances, education and welfare of the protected person as is necessary to perform the duties, responsibilities and functions of the special advocate. Records and information inspected and copied by the special advocate under this subsection may be disclosed only for the purpose of performing the duties, responsibilities and functions specified in the court’s order appointing the special advocate.

(5) Intentionally left blank —Ed.

(a) Before a court may appoint protected person special advocates, the presiding judge shall by court order establish:

(A) Qualifications for persons serving as protected person special advocates; and

(B) Standards and procedures to be used by protected person special advocates in the performance of their duties, responsibilities and functions.

(b) Protected person special advocates may be employees of the court but may not have any personal interest in the protected person or any pecuniary or financial interest in the proceedings. [2014 c.39 §2]

Source: Section 125.120 — Protected person special advocate; appointment; duties; immunity; access to records and information; qualifications, standards and procedures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.652 — OR Code / Title 13 / Chapter 127 / Section 127.652
127.652 Time of providing information
Status: in_force

The written information described in ORS 127.649 (Health care organizations required to have written policies and procedures on providing information on patient’s right to make health care decisions) (1) shall be provided:

(1) By hospitals, not later than five days after an individual is admitted as an inpatient, but in any event before discharge;

(2) By long term care facilities, not later than five days after an individual is admitted as a resident, but in any event before discharge;

(3) By a home health agency or a hospice program, not later than 15 days after the initial provision of care by the agency or program but in any event before ceasing to provide care; and

(4) By a health maintenance organization, not later than the time allowed under federal law. [1991 c.761 §3]

Source: Section 127.652 — Time of providing information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.150 — OR Code / Title 13 / Chapter 130 / Section 130.150
130.150 UTC 401. Methods of creating trust
Status: in_force

(1) A trust may be created:

(a) By transfer of property to another person as trustee during the settlor’s lifetime or by will or other disposition taking effect upon the settlor’s death;

(b) By declaration by the owner of property that the owner holds identifiable property as trustee;

(c) By exercise of a power of appointment in favor of a trustee;

(d) By an agent or attorney-in-fact under a power of attorney that expressly grants authority to create the trust; or

(e) Pursuant to a statute or judgment that requires property to be administered in the manner of an express trust.

(2) The following apply to trusts for death benefits:

(a) A trustee may be named as beneficiary of any death benefits, and the death benefits shall be paid to the trustee and be held and disposed of by the trustee as provided in a trust created by the designator during the lifetime of the designator. A trust is valid even though the trust does not have a trust corpus other than the right of the trustee to receive death benefits as beneficiary.

(b) A trustee named by will may be designated as beneficiary of death benefits if the designation is made in accordance with the provisions of the policy, contract, plan, trust or other governing instrument. Upon probate of the will, or upon the filing of a simple estate affidavit under ORS 114.515 (Simple estate affidavit) , the death benefits are payable to the trustee to be held and disposed of under the terms of the designator’s will in the same manner as other testamentary trusts are administered. Unless otherwise provided by the designator, an obligor may make payment of death benefits to the personal representative of the designator, or to the persons who are otherwise entitled to the death benefits, if a qualified trustee does not claim the death benefits within one year after the death of the designator, or if satisfactory evidence is furnished within the one-year period showing that there is no trustee who can qualify to receive the death benefits. The obligor is discharged from any liability for the death benefits upon making the payment.

(c) Death benefits received by the trustee are not subject to the debts of the designator or to inheritance or estate taxes to any greater extent than if the death benefits were payable to the beneficiaries named in the trust and not to the estate of the designator.

(d) Death benefits held in trust may be commingled with any other assets that may properly become a part of the trust.

(3) As used in this section:

(a) “Death benefits” means death benefits of any kind, including proceeds of life insurance policies, payments under annuity or endowment contracts, and funds payable in connection with pension, retirement, stock bonus or profit-sharing plans, or any trust administered in connection with these arrangements.

(b) “Designator” means the person entitled to designate the beneficiary of death benefits upon the death of the person.

(c) “Obligor” means the insurer or other person obligated to pay death benefits. [2005 c.348 §21; 2009 c.275 §8; 2019 c.165 §24; 2023 c.17 §23]

Source: Section 130.150 — UTC 401. Methods of creating trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.025 — OR Code / Title 13 / Chapter 127 / Section 127.025
127.025 Authority under power of attorney recognizable regardless of date of execution
Status: in_force

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

Source: Section 127.025 — Authority under power of attorney recognizable regardless of date of execution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 128.660 — OR Code / Title 13 / Chapter 128 / Section 128.660
128.660 Filing of registration statement and articles of incorporation or other instrument with Attorney General
Status: in_force

Every charitable organization subject to ORS 128.610 (Short title) to 128.769 (Rules) that has received property for charitable purposes shall file with the Attorney General, upon receiving possession or control of such property:

(1) A registration statement in the form and with the information designated by the Attorney General by rule; and

(2) A copy of the articles of incorporation, trust agreement or other instrument providing for title, powers or duties. [1963 c.583 §7; 1971 c.589 §6; 1981 c.593 §6; 2007 c.571 §5; 2014 c.8 §2]

Source: Section 128.660 — Filing of registration statement and articles of incorporation or other instrument with Attorney General , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 124.005 — OR Code / Title 13 / Chapter 124 / Section 124.005
124.005 Definitions for ORS 124.005 to 124.040
Status: in_force

As used in ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) :

(1) “Abuse” means one or more of the following:

(a) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.

(b) Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being.

(c) Abandonment, including desertion or willful forsaking of an elderly person or a person with a disability or the withdrawal or neglect of duties and obligations owed an elderly person or a person with a disability by a caregiver or other person.

(d) Willful infliction of physical pain or injury.

(e) Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to threaten significant physical or emotional harm to the elderly person or person with a disability.

(f) Causing any sweepstakes promotion to be mailed to an elderly person or a person with a disability who had received sweepstakes promotional material in the United States mail, spent more than $500 in the preceding year on any sweepstakes promotions, or any combination of sweepstakes promotions from the same service, regardless of the identities of the originators of the sweepstakes promotion and who represented to the court that the person felt the need for the court’s assistance to prevent the person from incurring further expense.

(g) Wrongfully taking or appropriating money or property, or knowingly subjecting an elderly person or person with a disability to alarm by conveying a threat to wrongfully take or appropriate money or property, which threat reasonably would be expected to cause the elderly person or person with a disability to believe that the threat will be carried out.

(h) Sexual contact with a nonconsenting elderly person or person with a disability or with an elderly person or person with a disability considered incapable of consenting to a sexual act as described in ORS 163.315 (Incapacity to consent) . As used in this paragraph, “sexual contact” has the meaning given that term in ORS 163.305 (Definitions) .

(2) “Declaration under penalty of perjury” means a declaration under penalty of perjury in the form required by ORCP 1 E.

(3) “Elderly person” means any person 65 years of age or older.

(4) “Guardian petitioner” means a guardian or guardian ad litem for an elderly person or a person with a disability who files a petition under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) on behalf of the elderly person or person with a disability.

(5) “Interfere” means to interpose in a way that hinders or impedes.

(6) “Intimidate” means to compel or deter conduct by a threat.

(7) “Menace” means to act in a threatening manner.

(8) “Molest” means to annoy, disturb or persecute with hostile intent or injurious effect.

(9) “Person with a disability” means a person described in:

(a) ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619) (7); or

(b) ORS 410.715 (Person suffering brain injury to be considered person with disability) .

(10) “Petitioner” means an elderly person or a person with a disability who files a petition under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) .

(11) “Sweepstakes” means:

(a) A procedure for awarding a prize that is based on chance;

(b) A procedure in which a person is required to purchase anything, pay anything of value or make a donation as a condition of winning a prize or of receiving or obtaining information about a prize; or

(c) A procedure that is advertised in a way that creates a reasonable impression that a payment of anything of value, purchase of anything or making a donation is a condition of winning a prize or receiving or obtaining information about a prize.

(12) “Sweepstakes promotion” means an offer to participate in a sweepstakes. [1995 c.666 §§3,3a; 1999 c.738 §1; 1999 c.875 §6; 2003 c.257 §1a; 2003 c.264 §1; 2005 c.671 §1; 2007 c.70 §24; 2011 c.36 §2; 2015 c.121 §17; 2019 c.93 §1]

Source: Section 124.005 — Definitions for ORS 124.005 to 124.040 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 128.856 — OR Code / Title 13 / Chapter 128 / Section 128.856
128.856 Written consent by beneficiary to use of name
Status: in_force

No person, other than volunteers or employees under the direction and control of a nonprofit beneficiary, shall represent that any part of the contributions received will be given or donated to any named nonprofit beneficiary unless such organization has consented in writing to the use of its name, prior to the solicitation. The written consent shall be signed by an officer, director or trustee of the organization. [1985 c.729 §14; 1991 c.532 §9]

Source: Section 128.856 — Written consent by beneficiary to use of name , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.705 — OR Code / Title 13 / Chapter 130 / Section 130.705
130.705 UTC 812. Collecting trust property
Status: in_force

A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to remedy a breach of trust known to the trustee to have been committed by a former trustee. [2005 c.348 §70]

Source: Section 130.705 — UTC 812. Collecting trust property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.846 — OR Code / Title 13 / Chapter 128 / Section 128.846
128.846 Maintenance of records by commercial fund raising firm
Status: in_force

(1) A commercial fund raising firm shall maintain for a period of not less than three years from the completion of each fund raising campaign, the following records:

(a) The name and address of each contributor and the date and amount of the contribution, if the preceding is known to the commercial fund raising firm.

(b) The name and address of each paid solicitor and the dates and amount of compensation paid to each such solicitor.

(c) Records of all fund raising expenses incurred in the course of the fund raising campaign.

(2) If the commercial fund raising firm sells tickets to an event and represents that tickets will be donated for use by another, the commercial fund raising firm shall also maintain, for the same period as specified in subsection (1) of this section, the following records:

(a) The name and address of those contributors donating tickets and the number of tickets donated by each contributor; and

(b) The name and address of all organizations receiving donated tickets, including the number of tickets received by each organization.

(3) All records described in this section shall be available for inspection by the Attorney General upon request. [1985 c.729 §12; 1991 c.532 §8]

Source: Section 128.846 — Maintenance of records by commercial fund raising firm , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.435 — OR Code / Title 13 / Chapter 130 / Section 130.435
130.435 Applicability of time limitations to certain claims based on liens against property and liability of settlor or trustee
Status: in_force

The statutes of limitations and time limitations provided by ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) do not affect:

(1) Any proceeding to enforce a mortgage, pledge or other lien upon property of the trust estate;

(2) Any proceeding to quiet title or reform any instrument with respect to title to property; or

(3) To the limits of the insurance protection only, any proceeding to establish liability of the settlor or the trustee for which the settlor or trustee is protected by liability insurance at the time the proceeding is commenced. [Formerly 128.294]

Source: Section 130.435 — Applicability of time limitations to certain claims based on liens against property and liability of settlor or trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.507 — OR Code / Title 13 / Chapter 127 / Section 127.507
127.507 Capable adults may make own health care decisions
Status: in_force

Capable adults may make their own health care decisions. [1993 c.767 §2]

Source: Section 127.507 — Capable adults may make own health care decisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.170 — OR Code / Title 13 / Chapter 130 / Section 130.170
130.170 UTC 405. Charitable trusts
Status: in_force

(1) A charitable trust is a trust that:

(a) Expressly designates one or more charitable organizations, or one or more classes of charitable organizations, to receive distributions as beneficiaries of the trust unless the combined interests of all charitable beneficiaries are negligible or all charitable beneficiaries are remote interest beneficiaries; or

(b) Is created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes beneficial to the community, but that does not contain contingencies that make the charitable interest negligible.

(2) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor’s intention to the extent that intent can be ascertained.

(3) The settlor of a charitable trust, in addition to other persons authorized by law or the trust instrument, may maintain a proceeding to enforce the trust.

(4) A court may modify or terminate a charitable trust only if the Attorney General is a party to the proceedings. [2005 c.348 §25; 2009 c.275 §9; 2013 c.529 §3]

Source: Section 130.170 — UTC 405. Charitable trusts; enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.680 — OR Code / Title 13 / Chapter 128 / Section 128.680
128.680 Investigatory authority of Attorney General
Status: in_force

The Attorney General may investigate transactions and relationships of charitable organizations subject to ORS 128.610 (Short title) to 128.769 (Rules) for the purpose of ascertaining whether or not the purposes of the charitable organization are being carried out in accordance with the terms and provisions of the articles of incorporation or other instrument, whether a person or organization has engaged in a violation of ORS 128.610 (Short title) to 128.769 (Rules) or whether such a person or organization has breached a fiduciary duty arising under the common law. The Attorney General may require any agent, trustee, fiduciary, beneficiary, institution, association or corporation, or other person to appear, at a named time and place, in the county designated by the Attorney General, where the person resides or is found, to give information under oath and to produce books, memoranda, papers, documents of title, and evidence of assets, liabilities, receipts or disbursements in the possession or control of the person ordered to appear. [1963 c.583 §10; 1971 c.589 §8; 1981 c.593 §9; 1985 c.729 §30; 1985 c.730 §11; 2007 c.571 §7]

Source: Section 128.680 — Investigatory authority of Attorney General , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 126.842 — OR Code / Title 13 / Chapter 126 / Section 126.842
126.842 Duties of custodian
Status: in_force

(1) A custodian shall:

(a) Take control of custodial property;

(b) Register or record title to custodial property if appropriate; and

(c) Collect, hold, manage, invest and reinvest custodial property.

(2) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent investor dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian’s discretion and without liability to the beneficiary or the beneficiary’s estate, may retain any custodial property received from a transferor.

(3) A custodian may invest in or pay premiums on life insurance or endowment policies on:

(a) The life of the beneficiary only if the beneficiary or the beneficiary’s estate is the sole beneficiary; or

(b) The life of another person in whom the beneficiary has an insurable interest only to the extent that the beneficiary, the beneficiary’s estate or the custodian in the capacity of custodian, is the irrevocable beneficiary.

(4) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the beneficiary. Custodial property consisting of an undivided interest is so identified if the beneficiary’s interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: “As a custodian for _____ (name of beneficiary) under the Oregon Uniform Transfers to Minors Act.”

(5) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the beneficiary’s tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the beneficiary or by the beneficiary if the beneficiary has attained 14 years of age. [1985 c.665 §13; 1995 c.157 §17; 2005 c.349 §9]

Source: Section 126.842 — Duties of custodian; standard of care , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 124.077 — OR Code / Title 13 / Chapter 124 / Section 124.077
124.077 Immunity for disclosure to prospective employer
Status: in_force

A person who has personal knowledge that an employee or former employee of the person was found by the Department of Human Services, a law enforcement agency or a court to have committed abuse under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) , 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) or 124.100 (Definitions for ORS 124.100 to 124.140) to 124.140 (Estoppel based on criminal conviction) , is immune from civil liability for the disclosure to a prospective employer of the employee or former employee of known facts concerning the abuse. [2009 c.837 §14]

Note: 124.077 (Immunity for disclosure to prospective employer) 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 124.077 — Immunity for disclosure to prospective employer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 130.205 — OR Code / Title 13 / Chapter 130 / Section 130.205
130.205 UTC 412. Modifications or termination because of unanticipated circumstances or inability to administer trust effectively
Status: in_force

(1) The court may modify the administrative or dispositive terms of a trust or terminate the trust if modification or termination will further the purposes of the trust and the modification or termination is requested by reason of circumstances not anticipated by the settlor. To the extent practicable, the modification must be made in accordance with the settlor’s probable intention.

(2) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful, or would impair the trust’s administration.

(3) A trustee may terminate a trust if:

(a) Termination is appropriate by reason of circumstances not anticipated by the settlor;

(b) Termination will not be inconsistent with the material purposes of the trust;

(c) All qualified beneficiaries have consented to the termination;

(d) The trustee is not a beneficiary of the trust and has no duty of support for any beneficiary of the trust; and

(e) In the case of a charitable trust, the Attorney General has consented to the termination.

(4) 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. [2005 c.348 §32; 2007 c.515 §1; 2009 c.275 §12]

Source: Section 130.205 — UTC 412. Modifications or termination because of unanticipated circumstances or inability to administer trust effectively , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.315 — OR Code / Title 13 / Chapter 125 / Section 125.315
125.315 General powers and duties of guardian
Status: in_force

(1) A guardian has the following powers and duties:

(a) Except to the extent of any limitation under the order of appointment, the guardian has custody of the protected person and may establish the protected person’s place of abode within or without this state.

(b) The guardian shall provide for the care, comfort and maintenance of the protected person and, whenever appropriate, shall arrange for training and education of the protected person. Without regard to custodial rights of the protected person, the guardian shall take reasonable care of the person’s clothing, furniture and other personal effects unless a conservator has been appointed for the protected person.

(c) Subject to the provisions of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and subsection (3) of this section, the guardian may consent, refuse consent or withhold or withdraw consent to health care, as defined in ORS 127.505 (Definitions for ORS 127.505 to 127.660) , for the protected person. A guardian is not liable solely by reason of consent under this paragraph for any injury to the protected person resulting from the negligence or acts of third persons.

(d) The guardian may:

(A) Make advance funeral and burial arrangements;

(B) Subject to the provisions of ORS 97.130 (Right to control disposition of remains) , control the disposition of the remains of the protected person; and

(C) Subject to the provisions of ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) , make an anatomical gift of all or any part of the body of the protected person.

(e) The guardian of a minor has the powers and responsibilities of a parent who has legal custody of a child, except that the guardian has no obligation to support the minor beyond the support that can be provided from the estate of the minor, and the guardian is not liable for the torts of the minor. The guardian may consent to the marriage or adoption of a protected person who is a minor.

(f) Subject to the provisions of ORS 125.320 (Limitations on guardian) (2), the guardian may receive money and personal property deliverable to the protected person and apply the money and property for support, care and education of the protected person. The guardian shall exercise care to conserve any excess for the protected person’s needs.

(g) The guardian shall promote the self-determination of the protected person and, to the extent practicable, encourage the protected person to participate in decisions, act on the protected person’s own behalf and develop or regain the capacity to manage the protected person’s personal affairs. To accomplish the duties under this paragraph, the guardian shall:

(A) Become or remain personally acquainted with the protected person and maintain sufficient contact with the protected person, including through regular visitation, to know the protected person’s abilities, limitations, needs, opportunities and physical and mental health;

(B) To the extent practicable, identify the values and preferences of the protected person and involve the protected person in decisions affecting the protected person, including decisions about the protected person’s care, dwelling, activities or social interactions; and

(C) Make reasonable efforts to identify and facilitate supportive relationships and services for the protected person.

(h) In making decisions for the protected person, the guardian shall make the decisions the guardian reasonably believes the protected person would make if the protected person were able, unless doing so would unreasonably harm or endanger the welfare or personal or financial interests of the protected person. To determine the decision the protected person would make if able, the guardian shall consider the protected person’s previous or current instructions, preferences, opinions, values and actions, to the extent actually known or reasonably ascertainable by the guardian.

(i) If the guardian cannot make a decision under paragraph (h) of this subsection because the guardian does not know and cannot reasonably determine the decision the protected person would make if able, or the guardian reasonably believes the decision the protected person would make would unreasonably harm or endanger the welfare or personal or financial interests of the protected person, the guardian shall act in accordance with the best interest of the protected person. In determining the best interest of the protected person, the guardian shall consider:

(A) Information received from professionals and persons that demonstrate sufficient interest in the welfare of the protected person;

(B) Other information the guardian believes the protected person would consider if the protected person were able; and

(C) Other factors a reasonable person in the circumstances of the protected person would consider, including consequences for others.

(2) If a conservator has been appointed for the protected person, the guardian may file a motion with the court seeking an order of the court on the duties of the conservator relating to payment of support for the protected person.

(3) A guardian may consent to the withholding or withdrawing of artificially administered nutrition and hydration for a protected person only under the circumstances described in ORS 127.580 (Presumption of consent to artificially administered nutrition and hydration) (1)(a), (b), (d), (e) or (f) and, if the protected person has a medical condition specified in ORS 127.580 (Presumption of consent to artificially administered nutrition and hydration) (1)(b), (d), (e) or (f), the condition has been medically confirmed. [1995 c.664 §30; 1997 c.472 §12; 2007 c.230 §1; 2007 c.681 §27; 2019 c.198 §5]

Source: Section 125.315 — General powers and duties of guardian , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.681 — OR Code / Title 13 / Chapter 127 / Section 127.681
127.681 Immunity from liability
Status: in_force

Any person reporting information to the POLST registry or acting on information obtained from the POLST registry in good faith is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the reporting of information to the POLST registry or acting on information obtained from the POLST registry. [2009 c.595 §1189]

Source: Section 127.681 — Immunity from liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 129.415 — OR Code / Title 13 / Chapter 129 / Section 129.415
129.415 UPIA 504. Transfers from income to reimburse principal
Status: in_force

(1) If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.

(2) Principal disbursements to which subsection (1) of this section applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party:

(a) An amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs;

(b) A capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments;

(c) Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements and broker’s commissions;

(d) Periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments; and

(e) Disbursements described in ORS 129.405 (UPIA 502. Disbursements from principal) (1)(g).

(3) If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection (1) of this section. [2003 c.279 §28]

Source: Section 129.415 — UPIA 504. Transfers from income to reimburse principal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 130.565 — OR Code / Title 13 / Chapter 130 / Section 130.565
130.565 Effect of failure of specific distribution
Status: in_force

If a specific distribution, other than a specific distribution that governs the residue of the trust estate, fails for any reason, the property that is the subject of the specific distribution becomes part of the residue and must be distributed as provided by the terms of the trust instrument for the residue. [Formerly 128.392]

Source: Section 130.565 — Effect of failure of specific distribution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 124.020 — OR Code / Title 13 / Chapter 124 / Section 124.020
124.020 Ex parte hearing
Status: in_force

(1) When a petitioner or guardian petitioner files a petition under ORS 124.010 (Petition for relief) , the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a showing that the elderly person or person with a disability named in the petition has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition and that there is an immediate and present danger of further abuse to the person, the court shall, if requested by the petitioner or guardian petitioner, order, for a period of one year or until the order is withdrawn or amended, whichever is sooner:

(a) That the respondent be required to move from the residence of the elderly person or person with a disability, if in the sole name of the person or if jointly owned or rented by the person and the respondent, or if the parties are married to each other;

(b) That a peace officer accompany the party who is leaving or has left the parties’ residence to remove essential personal effects of the party;

(c) That the respondent be restrained from abusing, intimidating, molesting, interfering with or menacing the elderly person or person with a disability, or attempting to abuse, intimidate, molest, interfere with or menace the person;

(d) That the respondent be restrained from entering, or attempting to enter, on any premises when it appears to the court that such restraint is necessary to prevent the respondent from abusing, intimidating, molesting, interfering with or menacing the elderly person or person with a disability;

(e) That the respondent be:

(A) Restrained, effective on a date not less than 150 days from the date of the order, from mailing the elderly person or person with a disability any sweepstakes promotion;

(B) Required to remove the elderly person or person with a disability from the respondent’s sweepstakes promotion mailing list or place the person on a list of persons to whom sweepstakes promotions may not be mailed; and

(C) Required to promptly refund any payment received in any form from the elderly person or person with a disability after the date the order is entered by the court; or

(f) Except as provided in subsection (2) of this section, other relief that the court considers necessary to provide for the safety and welfare of the elderly person or person with a disability.

(2) Intentionally left blank —Ed.

(a) If the court finds that the elderly person or person with a disability has been the victim of abuse as defined in ORS 124.005 (Definitions for ORS 124.005 to 124.040) (1)(g), the court may order only relief that the court considers necessary to prevent or remedy the wrongful taking or appropriation of the money or property of the person, including but not limited to:

(A) Directing the respondent to refrain from exercising control over the money or property of the person;

(B) Requiring the respondent to return custody or control of the money or property of the person to the person;

(C) Requiring the respondent to follow the instructions of the guardian or conservator of the person; or

(D) Prohibiting the respondent from transferring the money or property of the elderly person or person with a disability to any person other than the elderly person or person with a disability.

(b) The court may not use a restraining order issued under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) :

(A) To allow any person other than the elderly person or person with a disability to assume responsibility for managing any of the money or property of the elderly person or person with a disability; or

(B) For relief that is more appropriately obtained in a protective proceeding filed under ORS chapter 125 including, but not limited to, giving control and management of the financial accounts or property of the elderly person or person with a disability for any purpose other than the relief granted under paragraph (a) of this subsection.

(3) The showing required under subsection (1) of this section may be made by testimony of:

(a) The elderly person or person with a disability;

(b) The guardian or guardian ad litem of the elderly person or person with a disability;

(c) Witnesses to the abuse; or

(d) Adult protective services workers who have conducted an investigation.

(4) Immediate and present danger under this section includes but is not limited to situations in which the respondent has recently threatened the elderly person or person with a disability with additional abuse.

(5) When a guardian petitioner files a petition on behalf of an elderly person or a person with a disability, the guardian petitioner shall provide information about the person and not about the guardian petitioner where the petition, order or related forms prescribed under subsection (6) of this section require information about the petitioner.

(6) The State Court Administrator shall prescribe the content and form of the petition, order and related forms for use under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) . The clerk of the court shall make available the forms and an instruction brochure.

(7) If the court orders relief:

(a) The clerk of the court shall provide without charge the number of certified true copies of the petition and order necessary to effect service and shall have a true copy of the petition and order delivered to the county sheriff for service upon the respondent, unless the court finds that further service is unnecessary because the respondent appeared in person before the court.

(b) The county sheriff shall serve the respondent personally unless the petitioner or guardian petitioner elects to have the respondent served personally by a private party or by a peace officer who is called to the scene of a domestic disturbance at which the respondent is present, and who is able to obtain a copy of the order within a reasonable amount of time. Proof of service shall be made in accordance with ORS 124.030 (Proof of service of restraining order to be delivered to sheriff) .

(c) A respondent accused of committing abuse by means of a sweepstakes promotion may be served:

(A) Personally;

(B) By mailing certified true copies of the petition and order by certified mail to the address to which the elderly person or person with a disability would have sent the payment for goods or services promoted in the sweepstakes promotion had the elderly person or person with a disability been ordering the goods or services; or

(C) In the manner directed by the court.

(d) No filing fee, service fee or hearing fee shall be charged for proceedings seeking only the relief provided under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) .

(8) If the county sheriff:

(a) Determines that the order and petition are incomplete, the order and petition shall be returned to the clerk of the court. The clerk of the court shall notify the petitioner or guardian petitioner, at the address provided by the petitioner or guardian petitioner, of the error or omission.

(b) After accepting the order and petition, cannot complete service within 10 days, the sheriff shall notify the petitioner or guardian petitioner, at the address provided by the petitioner or guardian petitioner, that the documents have not been served. If the petitioner or guardian petitioner does not respond within 10 days, the county sheriff shall hold the order and petition for future service and file a return to the clerk of the court showing that service was not completed.

(9) Intentionally left blank —Ed.

(a) Within 30 days after a restraining order is served on the respondent under this section or within 30 days after notice is served on the elderly person or person with a disability under ORS 124.024 (Notice to be given by guardian petitioner) , the respondent, elderly person or person with a disability may request a court hearing upon any relief granted. The hearing request form shall be available from the clerk of the court in the form prescribed by the State Court Administrator.

(b) If the respondent, elderly person or person with a disability requests a hearing under paragraph (a) of this subsection, the clerk of the court shall notify the petitioner or guardian petitioner of the date and time of such hearing, and shall supply the petitioner or guardian petitioner with a copy of the request for a hearing. The petitioner or guardian petitioner shall give to the clerk of the court information sufficient to allow such notification.

(c) The hearing is not limited to the issues raised in the request for hearing form and may include testimony from witnesses to the abuse and adult protective services workers. The hearing may be held in person or by telephone. If the respondent, elderly person or person with a disability seeks to raise an issue at the hearing not previously raised in the request for hearing form, the petitioner or guardian petitioner is entitled to a reasonable continuance for the purpose of preparing a response to the issue.

(d) The court shall exercise its discretion in a manner that protects the elderly person or person with a disability from traumatic confrontation with the respondent. [1995 c.666 §§6,6a; 1997 c.249 §40; 1997 c.863 §5; 1999 c.738 §3; 1999 c.875 §7; 2003 c.257 §4a; 2003 c.264 §3; 2005 c.22 §97; 2005 c.671 §3; 2007 c.70 §27; 2015 c.119 §5; 2015 c.121 §19]

Source: Section 124.020 — Ex parte hearing; required findings; judicial relief; forms; request by respondent for hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 127.820 — OR Code / Title 13 / Chapter 127 / Section 127.820
127.820 §3.02. Consulting physician confirmation
Status: in_force

Before a patient is qualified under ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) , a consulting physician shall examine the patient and his or her relevant medical records and confirm, in writing, the attending physician’s diagnosis that the patient is suffering from a terminal disease, and verify that the patient is capable, is acting voluntarily and has made an informed decision. [1995 c.3 §3.02]

Source: Section 127.820 — §3.02. Consulting physician confirmation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.837 — OR Code / Title 13 / Chapter 125 / Section 125.837
125.837 Transfer of guardianship or conservatorship to another state
Status: in_force

(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.

(2) Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.

(3) On the court’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section.

(4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:

(a) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;

(b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and

(c) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.

(5) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:

(a) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in ORS 125.815 (Definitions) (2);

(b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and

(c) Adequate arrangements will be made for management of the protected person’s property.

(6) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:

(a) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to ORS 125.840 (Accepting guardianship or conservatorship transferred from another state) ; and

(b) The documents required to terminate a guardianship or conservatorship in this state. [2009 c.179 §16]

Note: See note under 125.800 (Short title) .

Source: Section 125.837 — Transfer of guardianship or conservatorship to another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 129.400 — OR Code / Title 13 / Chapter 129 / Section 129.400
129.400 UPIA 501. Disbursements from income
Status: in_force

(1) A trustee shall make the following disbursements from income to the extent that they are not disbursements to which ORS 129.250 (UPIA 201. Determination and distribution of net income) (2)(b) or (c) applies:

(a) Except as provided in subsection (2) of this section, one-half of the regular compensation of the trustee;

(b) Except as provided in subsection (2) of this section, one-half of the regular compensation of any person providing investment advisory or custodial services to the trustee;

(c) One-half of all expenses for accountings, judicial proceedings or other matters that involve both the income and remainder interests;

(d) All of the other ordinary expenses incurred in connection with the administration, management or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal and expenses of a proceeding or other matter that concerns primarily the income interest; and

(e) Recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.

(2) Intentionally left blank —Ed.

(a) If, in the reasonable judgment of the trustee, charging all or a part of the trustee’s regular compensation or the regular compensation of any person providing investment advisory or custodial services to the trustee to principal is impracticable because of lack of sufficient cash and readily marketable assets or inadvisable because of the nature of the principal assets, the trustee may pay all or part of the trustee’s regular compensation or the regular compensation of any person providing investment advisory or custodial services to the trustee out of income. Income of the trust is not entitled to reimbursement from principal for payments under this paragraph.

(b) If, in the reasonable judgment of the trustee, charging all or part of the trustee’s regular compensation or the regular compensation of any person providing investment advisory or custodial services to the trustee to income is impracticable because of the lack of sufficient income, or in order to provide increased income to the beneficiary, the trustee may pay all or part of the trustee’s regular compensation or the regular compensation of any person providing investment advisory or custodial services to the trustee out of principal.

(3) Notwithstanding subsection (1) of this section, during the lifetime of the settlor of a revocable trust, the trustee may charge trust expenses, including the trustee’s compensation, as directed by the settlor. [2003 c.279 §25; 2017 c.81 §1]

Source: Section 129.400 — UPIA 501. Disbursements from income , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 128.710 — OR Code / Title 13 / Chapter 128 / Section 128.710
128.710 Enforcement
Status: in_force

(1) The Attorney General may institute appropriate proceedings to secure compliance with ORS 128.610 (Short title) to 128.769 (Rules) and to invoke the jurisdiction of the court. A court may issue a temporary, preliminary or permanent injunction to restrain violations of ORS 128.610 (Short title) to 128.769 (Rules) and may require a charitable organization or responsible charitable fiduciary to provide or pay for an accounting, or may order other appropriate relief. Willful failure to comply with an order of any court having jurisdiction of charitable trusts shall constitute grounds for removal of the officers, directors, trustees or other charitable fiduciary and the appointment by the court of successor officers, directors, trustees or other charitable fiduciaries. The powers and duties of the Attorney General provided in ORS 128.610 (Short title) to 128.769 (Rules) are in addition to existing powers and duties.

(2) Nothing in ORS 128.610 (Short title) to 128.769 (Rules) shall impair or restrict the jurisdiction of any court with respect to any of the matters covered by it, except that no court shall have jurisdiction to modify or terminate any trust of property for charitable purposes unless the Attorney General is a party to the proceedings. [1963 c.583 §13; 1971 c.589 §9; 1981 c.593 §10; 1985 c.729 §31; 1985 c.730 §12; 2014 c.8 §4]

Source: Section 128.710 — Enforcement; jurisdiction of court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.085 — OR Code / Title 13 / Chapter 125 / Section 125.085
125.085 Motions after appointment of a fiduciary
Status: in_force

(1) The court may remove a fiduciary on the motion of any person who is entitled to file an objection to a petition under the provisions of ORS 125.075 (Presentation of objections) , on a motion of the Long Term Care Ombudsman or upon the court’s own motion.

(2) On motion of the fiduciary, the court may accept the resignation of the fiduciary and make any other order that may be appropriate, including appointment of a successor fiduciary.

(3) Except as provided in subsection (5) of this section, upon motion by any person who is entitled to file an objection to a petition under the provisions of ORS 125.075 (Presentation of objections) , on a motion of the Long Term Care Ombudsman or upon the court’s own motion, the court may order a modification of the powers or authority of the fiduciary or termination of the protective proceedings.

(4) Intentionally left blank —Ed.

(a) When the Long Term Care Ombudsman files a motion under this section, the ombudsman shall disclose to the court only:

(A) Such information as is allowed under ORS 441.407 (Procedures to maintain confidentiality) ; and

(B) The minimum amount of protected information about the resident who is the subject of the motion that the ombudsman believes in good faith is reasonably necessary to prevent or lessen a serious and imminent threat to the health or safety of a resident of a long term care facility, residential facility or adult foster home.

(b) Any protected information disclosed by the ombudsman under this subsection shall remain confidential and must be identified and marked by the ombudsman as confidential and protected information that is subject to the requirements of this subsection.

(c) Protected information disclosed under this subsection is subject to inspection only by the parties to the proceeding and their attorneys as provided in paragraph (d) of this subsection. Protected information disclosed under this subsection is not subject to inspection by members of the public except pursuant to a court order entered after a showing of good cause.

(d) The court may enter an order allowing inspection of protected information subject to disclosure under this subsection upon the filing of a written request for inspection and the payment of any fees or costs charged to copy the protected information.

(e) Notwithstanding ORS 125.155 (Visitor’s report) (4), to the extent that the report of a visitor appointed by the court under ORS 125.150 (Appointment of visitors) contains protected information that is subject to the requirements of this subsection, the report in its entirety shall be considered subject to the requirements of this subsection and may be disclosed only as provided in paragraphs (c) and (d) of this subsection.

(5) If the guardianship is for a vulnerable youth:

(a) The court may modify the guardianship upon motion of the protected person or upon the court’s own motion. The motion seeking to modify the guardianship must be supported by a declaration setting forth the facts. The motion and supporting declaration must be served on the guardian and, if appropriate, any proposed guardian.

(b) A guardian may seek to have the guardianship modified at any time by filing a motion with the court that is supported by a declaration establishing that a substantial change has occurred in the circumstances of the protected person or the guardian and that the requested modification would serve the best interests of the protected person. [1995 c.664 §13; 2017 c.633 §1; 2021 c.399 §7]

Source: Section 125.085 — Motions after appointment of a fiduciary; disclosure of protected information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.700 — OR Code / Title 13 / Chapter 127 / Section 127.700
127.700 Definitions for ORS 127.700 to 127.737
Status: in_force

As used in ORS 127.700 (Definitions for ORS 127.700 to 127.737) to 127.737 (Certain other laws applicable to declaration) :

(1) “Attending physician” shall have the same meaning as provided in ORS 127.505 (Definitions for ORS 127.505 to 127.660) .

(2) “Attorney-in-fact” means an adult validly appointed under ORS 127.540 (Limitations on authority of health care representative) , 127.700 (Definitions for ORS 127.700 to 127.737) to 127.737 (Certain other laws applicable to declaration) and 426.385 (Rights of committed persons) to make mental health treatment decisions for a principal under a declaration for mental health treatment and also means an alternative attorney-in-fact.

(3) “Declaration” means a document making a declaration of preferences or instructions regarding mental health treatment.

(4) “Health care facility” shall have the same meaning as provided in ORS 127.505 (Definitions for ORS 127.505 to 127.660) .

(5) “Health care provider” shall have the same meaning as provided in ORS 127.505 (Definitions for ORS 127.505 to 127.660) .

(6) “Incapable” means that, in the opinion of the court in a protective proceeding under ORS chapter 125, or the opinion of two physicians, a person’s ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions.

(7) “Mental health treatment” means convulsive treatment, treatment of mental illness with psychoactive medication, admission to and retention in a health care facility for a period not to exceed 17 days for care or treatment of mental illness, and outpatient services.

(8) “Outpatient services” means treatment for a mental or emotional disorder that is obtained by appointment and is provided by an outpatient service as defined in ORS 430.010 (Definitions) .

(9) “Provider” means a mental health treatment provider, a physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or a nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) .

(10) “Representative” means “attorney-in-fact” as defined in this section. [1993 c.442 §1; 1995 c.664 §88; 1997 c.563 §1; 1999 c.83 §1; 2001 c.104 §39; 2014 c.45 §16; 2023 c.11 §2]

Note: Section 6, chapter 11, Oregon Laws 2023, provides:

Sec. 6. The amendments to ORS 97.130 (Right to control disposition of remains) , 127.700 (Definitions for ORS 127.700 to 127.737) , 127.707 (Execution of declaration) and 127.736 (Form of declaration) by sections 1 to 4 of this 2023 Act and the repeal of ORS 127.730 by section 5 of this 2023 Act apply to documents executed on or after the effective date of this 2023 Act [January 1, 2024]. [2023 c.11 §6]

Source: Section 127.700 — Definitions for ORS 127.700 to 127.737 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 127.722 — OR Code / Title 13 / Chapter 127 / Section 127.722
127.722 Revocation of declaration
Status: in_force

(1) A declaration may be revoked in whole or in part at any time by the principal if the principal is not incapable. A revocation is effective when a capable principal communicates the revocation to the attending physician or other provider. The attending physician or other provider shall note the revocation as part of the principal’s medical record.

(2) The authority of the principal’s spouse as attorney-in-fact is revoked if a petition for dissolution or annulment of marriage is filed, the principal is not incapable and the principal or the court does not reaffirm the appointment after the filing of the petition. [1993 c.442 §10; 2014 c.45 §18; 2021 c.272 §5]

Source: Section 127.722 — Revocation of declaration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 126.875 — OR Code / Title 13 / Chapter 126 / Section 126.875
126.875 Accounting by custodian
Status: in_force

The custodian is not required to account to the beneficiary or to any other person for the acts and proceedings of the custodian unless the beneficiary, a parent of the beneficiary, the legal representative of the beneficiary or a successor custodian petitions the circuit court for an accounting no later than two years after the beneficiary becomes an adult or attains a lesser age as provided in ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) or dies before becoming an adult or attaining that lesser age. [1959 c.640 §17; 1983 c.457 §5; 1985 c.665 §26; 2005 c.349 §17]

Source: Section 126.875 — Accounting by custodian , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 127.845 — OR Code / Title 13 / Chapter 127 / Section 127.845
127.845 §3.07. Right to rescind request
Status: in_force

A patient may rescind his or her request at any time and in any manner without regard to his or her mental state. No prescription for medication under ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) may be written without the attending physician offering the qualified patient an opportunity to rescind the request. [1995 c.3 §3.07]

Source: Section 127.845 — §3.07. Right to rescind request , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 124.125 — OR Code / Title 13 / Chapter 124 / Section 124.125
124.125 Action by Attorney General, Department of Human Services, other agency or district attorney
Status: in_force

(1) The Attorney General, the Department of Human Services or a district attorney may bring an action against a person who engages in conduct described in ORS 124.105 (Physical abuse subject to action) and 124.110 (Financial abuse subject to action) . In addition to remedies otherwise provided in ORS 124.100 (Definitions for ORS 124.100 to 124.140) to 124.140 (Estoppel based on criminal conviction) , upon prevailing in the action, the court shall award to the Attorney General, Department of Human Services or district attorney costs of investigation and penalties. Penalties awarded under this section may not exceed $25,000 per occurrence.

(2) The Attorney General may intervene in a civil action brought under ORS 124.100 (Definitions for ORS 124.100 to 124.140) if the Attorney General certifies that, in the opinion of the Attorney General, the action is of general public importance. In the action, the state is entitled to the same relief as if the Attorney General instituted the action under the provisions of this section.

(3) When it appears that a person is engaging in conduct described in ORS 124.105 (Physical abuse subject to action) or 124.110 (Financial abuse subject to action) , the Attorney General or a district attorney may execute in writing and cause to be served an investigative demand upon a person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation. The investigative demand shall require the person, under oath or otherwise, to appear and testify, to answer written interrogatories or to produce relevant documentary material or physical evidence for examination, at a reasonable time and place as stated in the investigative demand.

(4) At any time before the return date specified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause, including a request for privileged material, may be filed in the appropriate court.

(5) Service of an investigative demand under subsection (3) of this section shall be made personally within this state. If personal service within this state cannot be made, substituted service of the investigative demand may be made by any of the following methods:

(a) By personal service outside this state;

(b) By registered or certified mail to the last-known place of business, residence or abode within or outside this state of the person for whom the investigative demand is intended;

(c) In the manner provided for service of summons in an action or suit; or

(d) In accordance with the direction of a court.

(6) If a person, after being served with an investigative demand under subsection (3) of this section, fails or refuses to obey an investigative demand issued by the Attorney General or a district attorney, the Attorney General or district attorney may, after notice to an appropriate court and after a hearing, request an order:

(a) Granting injunctive relief to restrain the person from engaging in conduct that is involved in the alleged or suspected violation; or

(b) Granting other relief as may be required, until the person obeys the investigative demand.

(7) Disobedience of a final order of a court under subsection (6) of this section shall be punished as a contempt of court.

(8) ORS 192.583 (Definitions for ORS 192.583 to 192.607) to 192.607 (Severability) apply to the disclosure of financial records by a financial institution pursuant to the service of an investigative demand under subsection (3) of this section. [1995 c.671 §5; 2003 c.265 §1; 2015 c.83 §1; 2015 c.568 §§1,4]

Source: Section 124.125 — Action by Attorney General, Department of Human Services, other agency or district attorney; investigative demands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 130.695 — OR Code / Title 13 / Chapter 130 / Section 130.695
130.695 UTC 810. Recordkeeping and identification of trust property
Status: in_force

(1) A trustee shall keep adequate records of the administration of the trust.

(2) A trustee shall keep trust property separate from the trustee’s own property.

(3) Except as otherwise provided in subsection (4) of this section, a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.

(4) If the trustee maintains records clearly indicating the respective interests of the different trusts, a trustee may invest as a whole the property of two or more separate trusts. [2005 c.348 §68]

Source: Section 130.695 — UTC 810. Recordkeeping and identification of trust property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.040 — OR Code / Title 13 / Chapter 130 / Section 130.040
130.040 UTC 110. Other persons treated as qualified beneficiaries
Status: in_force

(1) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this chapter if the charitable organization is otherwise a qualified beneficiary as defined in ORS 130.010 (UTC 103. Definitions) .

(2) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in ORS 130.185 (UTC 408. Pet trust) or 130.190 (UTC 409. Noncharitable trust without ascertainable beneficiary) has the rights of a qualified beneficiary under this chapter.

(3) A person appointed as a trust enforcer of a stewardship trust as provided in ORS 130.193 (Stewardship trust) has the rights of a qualified beneficiary under this chapter.

(4) The Attorney General has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in Oregon. [2005 c.348 §10; 2009 c.275 §5; 2019 c.162 §3]

Source: Section 130.040 — UTC 110. Other persons treated as qualified beneficiaries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.715 — OR Code / Title 13 / Chapter 130 / Section 130.715
130.715 UTC 814. Discretionary powers
Status: in_force

(1) A trustee shall exercise a discretionary power in good faith and in a manner that is in accordance with the terms and purposes of the trust and the interests of the beneficiaries. The duty imposed by this subsection is not affected by the grant of discretion in the terms of the trust, even though the terms of the trust provide that the trustee has absolute, sole or uncontrolled discretion or use other words purporting to convey broad discretion.

(2) Subject to subsection (4) of this section, and unless the terms of the trust expressly provide otherwise:

(a) A person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee’s personal benefit may exercise the power only in accordance with an ascertainable standard; and

(b) A trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.

(3) A power the exercise of which is limited or prohibited by subsection (2) of this section may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise the power.

(4) Subsection (2) of this section does not apply to:

(a) A power held by the settlor’s spouse who is the trustee of a trust for which a marital deduction, as described in section 2056(b)(5) or 2523(e) of the Internal Revenue Code, as in effect on January 1, 2006, was previously allowed;

(b) Any trust during any period that the trust may be revoked or amended by its settlor; or

(c) A trust if contributions to the trust qualify for the annual exclusion under section 2503(c) of the Internal Revenue Code, as in effect on January 1, 2006.

(5) Unless otherwise provided by the trust, a trustee may include capital gains from the sale or exchange of capital assets in distributable net income to the extent that the gains are, in a reasonable and impartial exercise of discretion by the trustee:

(a) Allocated to income pursuant to the trustee’s power to adjust between principal and income under ORS 129.215 (UPIA 104. Trustee’s power to adjust) ;

(b) Allocated to principal and treated consistently by the trustee on the trust’s books, records and tax returns as part of a distribution to a beneficiary; or

(c) Allocated to principal but actually distributed to a beneficiary or utilized by the trustee in determining the amount that is distributed or required to be distributed to a beneficiary. [2005 c.348 §73; 2015 c.126 §3]

Note: See note under 130.230 (UTC 417) .

Source: Section 130.715 — UTC 814. Discretionary powers; tax savings; inclusion of capital gains in income , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.370 — OR Code / Title 13 / Chapter 130 / Section 130.370
130.370 Notice to individual claimants
Status: in_force

(1) Within three months after a petition is entered in the register of the court under ORS 130.355 (Commencement of proceeding) , or within such longer time as the court allows, a trustee must make reasonably diligent efforts to investigate the financial records and affairs of the settlor and to take such further actions as are reasonably necessary to ascertain the identity and address of each person who has or asserts a claim against the trust estate. The court shall allow the trustee as much time as requested by the trustee for the purpose of determining the claims against the trust estate. The trustee must thereafter cause to be delivered or mailed a notice containing the information required in subsection (2) of this section to the Department of Human Services and the Oregon Health Authority, or as otherwise provided by rule adopted by the authority, and to each person known by the trustee to have or to assert a claim against the trust estate. Notice under this section is not required for any claim that has already been presented, accepted or paid in full or on account of a claim that is merely conjectural.

(2) The notice required by this section must include:

(a) The name of the settlor and the last four digits of the settlor’s Social Security number;

(b) The name of the trustee and the address at which claims must be presented;

(c) A statement that claims against the trust estate that are not presented to the trustee within 30 days after the date of the notice may be barred;

(d) The date of the notice, which shall be the date on which the notice is delivered or mailed; and

(e) A certified copy of the settlor’s death record. [Formerly 128.266; 2009 c.363 §2; 2009 c.595 §90; 2011 c.720 §63; 2013 c.366 §63]

Source: Section 130.370 — Notice to individual claimants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.595 — OR Code / Title 13 / Chapter 128 / Section 128.595
128.595 Annual report
Status: in_force

(1) A business trust by the trust’s anniversary date shall deliver to the office of the Secretary of State for filing an annual report accompanied by the annual fee.

(2) The annual report must contain:

(a) The name of the business trust and the state or country under the law of which the business trust is formed;

(b) The names and addresses of the business trust’s trustees;

(c) The physical street address of the business trust’s registered office in this state, which must be a location at which process may be personally served on the registered agent and which may not be a commercial mail receiving agency, a mail forwarding business or a virtual office, and the name of the trust’s registered agent at the registered office;

(d) A mailing address to which the Secretary of State may mail notices;

(e) A description of the primary business activity of the business trust; and

(f) Any additional identifying information that the Secretary of State may require by rule.

(3) The annual report must be on forms prescribed and furnished by the Secretary of State. The information contained in the annual report must be current as of 30 days before the anniversary of the business trust.

(4) The Secretary of State shall mail the report form to any address shown for the business trust in the current records of the office of the Secretary of State. The business trust’s failure to receive the report form from the Secretary of State does not relieve the business trust of the trust’s duty under this section to deliver a report to the office.

(5) If the Secretary of State finds the report conforms to the requirements of this section, the Secretary of State shall file the report.

(6) If the Secretary of State finds that the annual report does not conform to the requirements of this section, the Secretary of State shall return the report to the business trust. The business trust shall correct the annual report and return the corrected report to the Secretary of State within 45 days after the Secretary of State returns the report.

(7) If a business trust has not filed the report by the reporting date or has not filed a corrected report within the 45-day period, the Secretary of State shall send to the business trust a final notice advising that a report has not been filed and the Secretary of State, therefore, assumes that the business trust is no longer active unless a report is filed within 45 days after the mailing of the final notice.

(8) Not less than 45 days after the mailing date of the final notice specified in subsection (7) of this section, the Secretary of State may assume and note on the records of the Secretary of State that the business trust is inactive. [Formerly 128.075; 1983 c.717 §29; 1985 c.351 §22; 1985 c.728 §82b; 1987 c.94 §130; 1987 c.843 §18; 1993 c.190 §17; 1995 c.215 §25; 2007 c.186 §17; 2011 c.147 §25; 2013 c.158 §33; 2017 c.705 §31]

Source: Section 128.595 — Annual report; due date; content; notice of requirement; effect of failure to file , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.600 — OR Code / Title 13 / Chapter 125 / Section 125.600
125.600 In general
Status: in_force

(1) A temporary fiduciary who will exercise the powers of a guardian may be appointed by the court if the court makes a specific finding by clear and convincing evidence that the respondent is incapacitated or a minor, that there is an immediate and serious danger to the life or health of the respondent, and that the welfare of the respondent requires immediate action.

(2) A temporary fiduciary who will exercise the powers of a conservator may be appointed by the court if the court makes a specific finding by clear and convincing evidence that the respondent is financially incapable or a minor, that there is an immediate and serious danger to the estate of the respondent, and that the welfare of the respondent requires immediate action.

(3) A temporary fiduciary may be appointed only for a specific purpose and only for a specific period of time. The period of time may not exceed 30 days. The court may extend the period of the temporary fiduciary’s authority for an additional period not to exceed 30 days upon motion and good cause shown. The court may terminate the authority of a temporary fiduciary at any time.

(4) Except as otherwise provided in this section and ORS 125.605 (Procedure for appointment of temporary fiduciary) and 125.610 (Report of temporary fiduciary) , a temporary fiduciary is subject to all provisions of this chapter. [1995 c.664 §63]

Source: Section 125.600 — In general , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.685 — OR Code / Title 13 / Chapter 130 / Section 130.685
130.685 UTC 808. Powers to direct
Status: in_force

(1) While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.

(2) If the terms of a trust confer upon a person other than the settlor of a revocable trust power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise of the power unless the exercise is manifestly contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.

(3) The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.

(4) A person other than a beneficiary who holds a power to direct is rebuttably presumed to be a fiduciary and is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from breach of a fiduciary duty. [2005 c.348 §66]

Source: Section 130.685 — UTC 808. Powers to direct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.022 — OR Code / Title 13 / Chapter 130 / Section 130.022
130.022 UTC 108. Principal place of administration
Status: in_force

(1) Terms of a trust designating the principal place of administration are valid and controlling if:

(a) A trustee’s principal place of business is located in the designated state, country or other jurisdiction, or the trustee is a resident of the designated state, country or other jurisdiction;

(b) All or part of the administration occurs in the designated state, country or other jurisdiction; or

(c) Other means exist for establishing a sufficient connection with the designated state, country or other jurisdiction.

(2) A trustee is under a continuing duty to administer the trust at a place appropriate to the trust’s purposes, the trust’s administration and the interests of the beneficiaries. Absent a substantial change of circumstances, the trustee may assume that the original place of administration is also the appropriate place of administration. The duty to administer the trust at an appropriate place may prevent a trustee from moving the place of administration.

(3) Intentionally left blank —Ed.

(a) A trustee may transfer the trust’s principal place of administration to another state, country or other jurisdiction if the transfer is in furtherance of the duty imposed by subsection (2) of this section.

(b) A trustee shall notify qualified beneficiaries of the trust of a proposed transfer of the trust’s principal place of administration not fewer than 60 days before initiating the transfer. The notice of proposed transfer must include all of the following:

(A) The name of the state, country or other jurisdiction to which the principal place of administration is to be transferred.

(B) The address and telephone number at the new location at which the trustee can be contacted.

(C) An explanation of the reasons for the proposed transfer.

(D) The date on which the proposed transfer is anticipated to occur.

(E) The date by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer. The date for notifying a trustee of an objection may not be fewer than 60 days after the date on which the notice is given.

(c) The authority of a trustee under this subsection to transfer a trust’s principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.

(d) The trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to ORS 130.615 (UTC 704. Vacancy in trusteeship) in connection with a transfer of the trust’s principal place of administration. [2005 c.348 §8]

Source: Section 130.022 — UTC 108. Principal place of administration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.681 — OR Code / Title 13 / Chapter 125 / Section 125.681
125.681 Authority to require fingerprints of employees, volunteers or contractors
Status: in_force

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195 (Criminal records check) , the Oregon Public Guardian and Conservator may require the fingerprints of an employee of the Oregon Public Guardian and Conservator, an applicant for employment with the Oregon Public Guardian and Conservator or a volunteer or party under contract with the Oregon Public Guardian and Conservator. [2017 c.310 §6]

Source: Section 125.681 — Authority to require fingerprints of employees, volunteers or contractors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.855 — OR Code / Title 13 / Chapter 127 / Section 127.855
127.855 §3.09. Medical record documentation requirements
Status: in_force

The following shall be documented or filed in the patient’s medical record:

(1) All oral requests by a patient for medication to end his or her life in a humane and dignified manner;

(2) All written requests by a patient for medication to end his or her life in a humane and dignified manner;

(3) The attending physician’s diagnosis and prognosis, determination that the patient is capable, acting voluntarily and has made an informed decision;

(4) The consulting physician’s diagnosis and prognosis, and verification that the patient is capable, acting voluntarily and has made an informed decision;

(5) A report of the outcome and determinations made during counseling, if performed;

(6) Any medically confirmed certification of the imminence of the patient’s death;

(7) The attending physician’s offer to the patient to rescind his or her request at the time of the patient’s second oral request pursuant to ORS 127.840 (§3.06. Written and oral requests) ; and

(8) A note by the attending physician indicating that all requirements under ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) have been met and indicating the steps taken to carry out the request, including a notation of the medication prescribed. [1995 c.3 §3.09; 2019 c.624 §4]

Source: Section 127.855 — §3.09. Medical record documentation requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.160 — OR Code / Title 13 / Chapter 125 / Section 125.160
125.160 Subsequent appointment of visitor
Status: in_force

At any time after the appointment of a fiduciary, the court may appoint a visitor. The court may require the visitor to perform any duty the visitor could have performed if appointed at the time the fiduciary was appointed, including interviewing relevant persons, examining relevant records, reporting in writing to the court and being present at any hearing. [1995 c.664 §18]

Source: Section 125.160 — Subsequent appointment of visitor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.510 — OR Code / Title 13 / Chapter 130 / Section 130.510
130.510 UTC 603. Settlor’s powers
Status: in_force

(1) While the settlor of a revocable trust is alive, rights of the beneficiaries are subject to the control of the settlor, and the duties of the trustee are owed exclusively to the settlor. Beneficiaries other than the settlor have no right to receive notice, information or reports under this chapter.

(2) The rights of the beneficiaries with respect to property that is subject to a power of withdrawal are subject to the control of the holder of the power during the period that the power may be exercised, and the duties of the trustee are owed exclusively to the holder of a power of withdrawal with respect to the property that is subject to the power. [2005 c.348 §48; 2009 c.275 §17]

Source: Section 130.510 — UTC 603. Settlor’s powers; powers of withdrawal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 126.846 — OR Code / Title 13 / Chapter 126 / Section 126.846
126.846 Rights, powers and authority of custodian
Status: in_force

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

(2) This section does not relieve a custodian from liability for breach of ORS 126.842 (Duties of custodian) . [1985 c.665 §14]

Source: Section 126.846 — Rights, powers and authority of custodian , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 127.760 — OR Code / Title 13 / Chapter 127 / Section 127.760
127.760 Consent to health care services by person appointed by hospital
Status: in_force

(1) As used in this section:

(a) “Health care instruction” means a document executed by a patient to indicate the patient’s instructions regarding health care decisions.

(b) “Health care provider” means a person licensed, certified or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.

(c) “Hospital” has the meaning given that term in ORS 442.015 (Definitions) .

(d) “Mental health treatment” means convulsive treatment, treatment of mental illness with psychoactive medication, psychosurgery, admission to and retention in a health care facility for care or treatment of mental illness, and related outpatient services.

(2)(a)(A) A hospital may appoint a health care provider who has received training in health care ethics, including identification and management of conflicts of interest and acting in the best interest of the patient, to give informed consent to medically necessary health care services on behalf of a patient admitted to the hospital in accordance with subsection (3) of this section.

(B) If a person appointed under subparagraph (A) of this paragraph is the patient’s attending physician or naturopathic physician licensed under ORS chapter 685, the hospital must also appoint another health care provider who meets the requirements of subparagraph (A) of this paragraph to participate in making decisions about giving informed consent to health care services on behalf of the patient.

(b) A hospital may appoint a multidisciplinary committee with ethics as a core component of the duties of the committee, or a hospital ethics committee, to participate in making decisions about giving informed consent to medically necessary health care services on behalf of a patient admitted to the hospital in accordance with subsection (3) of this section.

(3) A person appointed by a hospital under subsection (2) of this section may give informed consent to medically necessary health care services on behalf of and in the best interest of a patient admitted to the hospital if:

(a) In the medical opinion of the attending physician or naturopathic physician, the patient lacks the ability to make and communicate health care decisions to health care providers;

(b) The hospital has performed a reasonable search, in accordance with the hospital’s policy for locating relatives and friends of a patient, for a health care representative appointed under ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) or an adult relative or adult friend of the patient who is capable of making health care decisions for the patient, including contacting social service agencies of the Oregon Health Authority or the Department of Human Services if the hospital has reason to believe that the patient has a case manager with the authority or the department, and has been unable to locate any person who is capable of making health care decisions for the patient; and

(c) The hospital has performed a reasonable search for and is unable to locate any health care instruction executed by the patient.

(4) Notwithstanding subsection (3) of this section, if a patient’s wishes regarding health care services were made known during a period when the patient was capable of making and communicating health care decisions, the hospital and the person appointed under subsection (2) of this section shall comply with those wishes.

(5) A person appointed under subsection (2) of this section may not consent on a patient’s behalf to:

(a) Mental health treatment;

(b) Sterilization;

(c) Abortion;

(d) Except as provided in ORS 127.635 (Withdrawal of life-sustaining procedures) (3), the withholding or withdrawal of life-sustaining procedures as defined in ORS 127.505 (Definitions for ORS 127.505 to 127.660) ; or

(e) Except as provided in ORS 127.580 (Presumption of consent to artificially administered nutrition and hydration) (2), the withholding or withdrawal of artificially administered nutrition and hydration, as defined in ORS 127.505 (Definitions for ORS 127.505 to 127.660) , other than hyperalimentation, necessary to sustain life.

(6) If the person appointed under subsection (2) of this section knows the patient’s religious preference, the person shall make reasonable efforts to confer with a member of the clergy of the patient’s religious tradition before giving informed consent to health care services on behalf of the patient.

(7) A person appointed under subsection (2) of this section is not a health care representative as defined in ORS 127.505 (Definitions for ORS 127.505 to 127.660) . [2011 c.512 §1; 2017 c.356 §14; 2018 c.36 §23]

Source: Section 127.760 — Consent to health care services by person appointed by hospital; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.845 — OR Code / Title 13 / Chapter 130 / Section 130.845
130.845 UTC 1010. Limitation on personal liability of trustee
Status: in_force

(1) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administering the trust if the trustee disclosed the trustee’s fiduciary capacity in the contract.

(2) A trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.

(3) The following claims may be asserted in a judicial proceeding against the trustee in the trustee’s fiduciary capacity, whether or not the trustee is personally liable for the claim:

(a) A claim based on a contract entered into by a trustee in the trustee’s fiduciary capacity.

(b) A claim based on an obligation arising from ownership or control of trust property.

(c) A claim based on a tort committed in the course of administering a trust.

(4) This section does not impose personal liability on a trustee solely because the trustee holds property under an instrument that shows title in the name of the trustee but does not state that the trustee holds the property in a representative capacity. [2005 c.348 §92]

Source: Section 130.845 — UTC 1010. Limitation on personal liability of trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.597 — OR Code / Title 13 / Chapter 128 / Section 128.597
128.597 Inactivation of business trust
Status: in_force

The Secretary of State may commence a proceeding to inactivate the trust instrument of a business trust if:

(1) The business trust does not pay when due any fees imposed by ORS 128.560 (“Business trust” described) to 128.600 (Filing, service, copying and certification fees) ;

(2) The business trust does not deliver its annual report to the Secretary of State when due;

(3) The business trust is without a registered agent or registered office in this state;

(4) The business trust does not notify the Secretary of State that its registered agent or registered office has been changed, that its registered agent has resigned or that its registered office has been discontinued; or

(5) The business trust’s period of duration stated in the trust instrument expires. [1995 c.215 §27]

Source: Section 128.597 — Inactivation of business trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 128.735 — OR Code / Title 13 / Chapter 128 / Section 128.735
128.735 Attorney fees in action to enforce fiduciary or other duty
Status: in_force

(1) In any suit or action against a charitable organization or charitable fiduciary to enforce any fiduciary duty or other duty arising under ORS 128.610 (Short title) to 128.769 (Rules) or to enforce any fiduciary duty arising under the common law, the court in its discretion may award the prevailing party reasonable attorney fees at trial and on appeal and, as part of costs and disbursements, reasonable investigative expenses and reasonable expert witness fees.

(2) If the Attorney General prevails, the attorney fees, costs and disbursements of the Attorney General may, in the discretion of the court, be a judgment against the responsible charitable fiduciaries, or may be paid out of the corpus of the trust. [1985 c.730 §2; 2007 c.571 §6; 2014 c.8 §5]

Source: Section 128.735 — Attorney fees in action to enforce fiduciary or other duty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.455 — OR Code / Title 13 / Chapter 125 / Section 125.455
125.455 Power of competent protected person over estate
Status: in_force

(1) A protected person, if mentally competent, may make wills, change beneficiaries of life insurance and annuity policies and exercise any power of appointment or any elective right to share in the estate of a deceased spouse.

(2) Except as provided in this section and ORS 125.420 (Power of conservator over property of protected person) , a protected person for whom a conservator has been appointed cannot convey or encumber the estate of the protected person or make any contract or election affecting the estate of the protected person. [1995 c.664 §45]

Source: Section 125.455 — Power of competent protected person over estate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 124.035 — OR Code / Title 13 / Chapter 124 / Section 124.035
124.035 Renewal of restraining order
Status: in_force

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

Source: Section 124.035 — Renewal of restraining order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 130.425 — OR Code / Title 13 / Chapter 130 / Section 130.425
130.425 Priority of claims
Status: in_force

(1) Claims allowed against the trust estate under ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) must be paid by the trustee in the following order of priority:

(a) Expenses of administering the trust estate.

(b) Expenses of a plain and decent funeral and disposition of the remains of the settlor.

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

(d) Reasonable and necessary medical and hospital expenses of the last illness of the settlor, including compensation of persons attending the settlor.

(e) Taxes with preference under the laws of this state that are due and payable while possession of the trust estate of the settlor is retained by the trustee.

(f) Debts owed employees of the settlor for labor performed within 90 days immediately preceding the date of death of the settlor.

(g) Child support arrearages.

(h) Claims of the Department of Human Services and the Oregon Health Authority for the net amount of public assistance, as defined in ORS 411.010 (Definitions) , and for the net amount of medical assistance that may be recovered from an estate under ORS 416.350 (Recovery of medical assistance) .

(i) Claims of the Department of Human Services and the Oregon Health Authority for the care and maintenance of any settlor who was a patient at a state institution under ORS 179.610 (Definitions for ORS 179.610 to 179.770) to 179.770 (Rules) .

(j) All other claims against the trust estate.

(2) If the assets of the trust estate are insufficient to pay in full all expenses or claims of any one class specified in subsection (1) of this section, each expense or claim of that class shall be paid only in proportion to the amount thereof. [Formerly 128.290; 2009 c.595 §91; 2011 c.720 §64; 2013 c.688 §22]

Source: Section 130.425 — Priority of claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.425 — OR Code / Title 13 / Chapter 125 / Section 125.425
125.425 Powers of conservator to pay expenses of protected person and dependents
Status: in_force

(1) A conservator may expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or benefit of the protected person and the dependents of the protected person after the conservator considers recommendations relating to the appropriate standard of support, education, care and benefit for the protected person made by any parent or guardian of the protected person. The conservator is not personally responsible for sums paid to persons or organizations furnishing support, education, care or benefit to the protected person pursuant to the recommendations of a parent or guardian of the protected person unless:

(a) The conservator knows that the parent or guardian is deriving personal financial benefit from those payments; or

(b) The recommendations made by the parent or guardian clearly are not in the best interests of the protected person.

(2) A conservator may expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or benefit of the protected person and the dependents of the protected person if those amounts are reasonably necessary for the support, education, care or benefit of the protected person with due regard to:

(a) The size of the estate, the probable duration of the conservatorship and the likelihood that the protected person, at some future time, may be fully able to manage the affairs of the protected person and the estate that has been conserved for the protected person;

(b) The accustomed standard of living of the protected person and members of the household of the protected person; and

(c) Other funds or sources used for the support of the protected person.

(3) A conservator may expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or benefit of the dependents of the protected person, other persons who are members of the protected person’s household who are unable to support themselves and who are in need of support, and any other persons who were receiving support from the protected person before the appointment of the conservator.

(4) The conservator may reimburse any person, including the protected person, who has expended funds for the purposes specified in this section. The conservator may pay any person in advance for those purposes if the conservator reasonably believes that the services will be performed and where advance payments are customary or reasonably necessary under the circumstances. [1995 c.664 §39]

Source: Section 125.425 — Powers of conservator to pay expenses of protected person and dependents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.825 — OR Code / Title 13 / Chapter 130 / Section 130.825
130.825 UTC 1006. Reliance on trust instrument
Status: in_force

A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. [2005 c.348 §88]

Source: Section 130.825 — UTC 1006. Reliance on trust instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.410 — OR Code / Title 13 / Chapter 125 / Section 125.410
125.410 Conservator’s bond
Status: in_force

(1) Except as provided in subsection (2) of this section, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservator according to law, with sureties as specified by the court. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the control of the conservator plus one year’s estimated income minus the value of securities and money deposited under arrangements requiring an order of the court for their removal and the value of any real property that the conservator, by express limitation of power, lacks power to sell or convey without court authorization.

(2) Intentionally left blank —Ed.

(a) The court may waive a bond for good cause shown.

(b) Subsection (1) of this section does not affect the provisions of ORS 709.240 (Oath and bond exemption for trust company appointed as fiduciary) , relating to a trust company acting as fiduciary, ORS 125.715 (Bond) , relating to a county public guardian and conservator acting as fiduciary, ORS 125.687 (Limitations of court on appointment of Oregon Public Guardian and Conservator) , relating to the Oregon Public Guardian and Conservator or a deputy public guardian and conservator acting as fiduciary under ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) , or ORS 406.050 (Additional powers and duties of director or department) (10), relating to the Department of Veterans’ Affairs acting as fiduciary.

(3) Sureties for a bond required under this section are jointly and severally liable with the conservator and with each other.

(4) Letters of conservatorship may not be issued until the bond required by this section is approved by the court.

(5) The bond of the conservator continues in effect until the sureties on the bond are released by order of the court.

(6) The court may at any time increase or reduce the amount of the bond required of a conservator for the protection of the protected person and the estate of the protected person.

(7) If a surety on a bond required by this section gives notice of intent to cancel the bond, the conservator shall execute and file in the protective proceeding a new bond before the cancellation date specified by the surety. The new bond shall be in the amount and subject to those conditions that may be required by the court. If the conservator fails to file a new bond, the authority of the conservator ends on the date specified by the surety for cancellation of the bond. The letters of conservatorship issued to the conservator are void from that date, and the conservator must make and file the final accounting of the conservator. [1995 c.664 §36; 2001 c.102 §5; 2005 c.625 §66; 2009 c.602 §4; 2014 c.117 §21; 2015 c.381 §7]

Source: Section 125.410 — Conservator’s bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 124.065 — OR Code / Title 13 / Chapter 124 / Section 124.065
124.065 Method of reporting
Status: in_force

(1) When a report is required under ORS 124.060 (Duty of officials to report) , an oral report shall be made immediately by telephone or otherwise to the local office of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, such reports shall contain the names and addresses of the elderly person and any persons responsible for the care of the elderly person, the nature and the extent of the abuse (including any evidence of previous abuse), the explanation given for the abuse and any other information which the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator.

(2) When a report of a possible crime is received by the department under ORS 124.060 (Duty of officials to report) , the department or the designee of the department shall notify the law enforcement agency having jurisdiction within the county where the report was made. If the department or the designee of the department is unable to gain access to the allegedly abused elderly person, the department or the designee of the department may contact the law enforcement agency for assistance and the agency shall provide assistance.

(3) If the department or the designee of the department determines that there is reason to believe a crime has been committed, the department or the designee of the department shall immediately notify the law enforcement agency having jurisdiction within the county where the report was made. The law enforcement agency shall confirm to the department or the designee of the department its receipt of the notification.

(4) When a report is received by a law enforcement agency, the agency shall immediately notify the law enforcement agency having jurisdiction if the receiving agency does not. The receiving agency shall also immediately notify the local office of the department in the county where the report was made. [Formerly 410.640; 2009 c.837 §§10,11]

Source: Section 124.065 — Method of reporting; content; notice to law enforcement agency and to department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 125.835 — OR Code / Title 13 / Chapter 125 / Section 125.835
125.835 Proceedings in more than one state
Status: in_force

Except for a petition for the appointment of a temporary fiduciary under ORS 125.600 (In general) or issuance of a conservatorship order limited to property located in this state under ORS 125.822 (Special jurisdiction) (1)(a) or (b), if a petition for the appointment of a guardian or issuance of a conservatorship order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

(1) If the court in this state has jurisdiction under ORS 125.820 (Jurisdiction) , it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to ORS 125.820 (Jurisdiction) before the appointment or issuance of the order.

(2) If the court in this state does not have jurisdiction under ORS 125.820 (Jurisdiction) , whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum. [2009 c.179 §15]

Note: See note under 125.800 (Short title) .

(Article 3 - Transfer)

Source: Section 125.835 — Proceedings in more than one state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.242 — OR Code / Title 13 / Chapter 125 / Section 125.242
125.242 Exemptions for financial institutions and trust companies
Status: in_force

ORS 125.221 (Conflicts of interest) and 125.240 (Professional fiduciaries) do not apply to a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , a trust company, as defined in ORS 706.008 (Additional definitions for Bank Act) , or the Oregon Public Guardian and Conservator in proceedings under ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) . [1999 c.774 §5; 2017 c.310 §9]

Note: 125.242 (Exemptions for financial institutions and trust companies) was enacted into law by the Legislative Assembly but was 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 125.242 — Exemptions for financial institutions and trust companies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.328 — OR Code / Title 13 / Chapter 128 / Section 128.328
128.328 Release or modification of restrictions on management, investment or purpose
Status: in_force

(1) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.

(2) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, the restriction impairs the management or investment of the fund or, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor’s probable intention.

(3) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard.

(4) If an institution determines that a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund is unlawful, impracticable, impossible to achieve or wasteful, the institution, within 60 days after notification to the Attorney General, may release or modify the restriction, in whole or part, if:

(a) The institutional fund subject to the restriction has a total value of less than $25,000;

(b) More than 20 years have elapsed since the fund was established; and

(c) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.

(5) The provisions of this section apply to property and other interests given by private donors as a gift to a public body, as defined by ORS 174.109 (“Public body” defined) , or to any instrumentality of a public body. This subsection does not limit any other authority that a public body or an instrumentality of a public body may have to release or modify a restriction contained in a gift instrument on the management, investment or purpose of funds. [2007 c.554 §5]

Source: Section 128.328 — Release or modification of restrictions on management, investment or purpose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.210 — OR Code / Title 13 / Chapter 125 / Section 125.210
125.210 Circumstances requiring notice to court
Status: in_force

(1) Intentionally left blank —Ed.

(a) A person nominated as a fiduciary shall inform the court of the circumstances of an event before the person is appointed if the person:

(A) Has been convicted of a crime;

(B) Has filed for or received protection under the bankruptcy laws;

(C) Has caused any loss resulting in a surcharge under ORS 125.025 (Authority of the court in protective proceedings) (3)(e) or a similar statute of another jurisdiction;

(D) Has been removed as a fiduciary under ORS 125.225 (Removal of fiduciary) ; or

(E) Has had a license revoked or canceled that was required by the laws of any state for the practice of a profession or occupation.

(b) If the person nominated as a fiduciary is also the petitioner, the information required by this subsection may be provided in the petition for appointment of a fiduciary in the manner specified by ORS 125.055 (Petitions in protective proceedings) .

(2) A person who is appointed as a fiduciary shall inform the court of the circumstances of an event immediately if the person:

(a) Is convicted of a crime;

(b) Files for or receives protection under the bankruptcy laws;

(c) Causes any loss resulting in a surcharge under ORS 125.025 (Authority of the court in protective proceedings) (3)(e) or a similar statute of another jurisdiction;

(d) Is removed as a fiduciary under ORS 125.225 (Removal of fiduciary) ; or

(e) Has a license revoked or canceled that is required by the laws of any state for the practice of a profession or occupation.

(3) A person who is required to give notice to the court under subsection (2) of this section shall also give notice to those persons listed in ORS 125.060 (Who must be given notice) (3).

(4) The court may decline to appoint a person as a fiduciary, or may remove a person as a fiduciary, if the person fails to comply with the provisions of this section. [1995 c.664 §21; 2018 c.59 §3]

Source: Section 125.210 — Circumstances requiring notice to court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.891 — OR Code / Title 13 / Chapter 128 / Section 128.891
128.891 Prohibited representations
Status: in_force

(1) No solicitation for contributions shall in any way use the fact or requirement of registration, or any filing of any report pursuant to the Charitable Solicitations Act or ORS 128.610 (Short title) to 128.769 (Rules) , with the intent to cause or in a manner tending to cause any person to believe that such solicitation, the manner in which it is conducted, its purposes, any use to which the proceeds will be applied, or the person or organization conducting it have been or will be in any way indorsed, sanctioned or approved by the Attorney General or any other governmental agency or office.

(2) Any written or oral statement made in connection with a solicitation of contributions that the person or organization conducting the solicitation is registered or has filed, will file or is required to file any report with the Attorney General, or any statement of similar import, shall be immediately followed by a statement of equal prominence that such registration or report in no way constitutes or implies any indorsement, sanction or approval of the solicitation, its purposes, the manner in which it is conducted or the person or organization conducting it, by the Attorney General or any other governmental agency or officer. [1985 c.729 §19]

Source: Section 128.891 — Prohibited representations; written notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.225 — OR Code / Title 13 / Chapter 125 / Section 125.225
125.225 Removal of fiduciary
Status: in_force

(1) A court shall remove a fiduciary whenever that removal is in the best interests of the protected person.

(2) In addition to any other grounds, the court may remove a conservator if the conservator fails to use good business judgment and diligence in the management of the estate under the control of the conservator. The court may apply a higher standard of care to a conservator who claims to have greater than ordinary skill or expertise.

(3) In addition to any other grounds, the court may remove a guardian if the court determines the guardian:

(a) Unreasonably limits the protected person’s associations under ORS 125.323 (Limits on association) ;

(b) Fails to perform the guardian’s duties required under ORS 125.315 (General powers and duties of guardian) (1)(g) to (i); or

(c) Changes the abode of the adult protected person or places the protected person in a mental health treatment facility, a nursing home or other residential facility and:

(A) Failed to disclose in the petition for appointment that the guardian intended to make the placement; or

(B) Failed to comply with ORS 125.320 (Limitations on guardian) (3) before making the placement.

(4) On termination of the authority of a fiduciary, an interim fiduciary may be appointed by the court to serve for a period not to exceed 60 days. An interim fiduciary under this subsection may be appointed by the court without the appointment of a visitor, additional notices or any other additional procedure, except as may be determined necessary by the court.

(5) Upon termination of the authority of a fiduciary, the court may appoint a successor fiduciary. A petition for appointment as successor fiduciary must be filed in the same manner as provided for an original petition, and is subject to all provisions applicable to an original petition for the appointment of a fiduciary. No filing fee shall be charged or collected for the filing of a petition for the appointment of a successor fiduciary. [1995 c.664 §24; 2017 c.391 §4; 2019 c.198 §4]

Source: Section 125.225 — Removal of fiduciary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.485 — OR Code / Title 13 / Chapter 125 / Section 125.485
125.485 Liability of conservator
Status: in_force

(1) A conservator is not personally liable on a contract entered into in the fiduciary capacity of the conservator in the course of administering the estate unless:

(a) The contract specifically makes the conservator liable in a personal capacity; or

(b) The conservator fails to reveal the representative capacity of the conservator and identity of the estate in the contract.

(2) The conservator is personally liable for obligations arising from ownership, obligations arising out of control of property of the estate and torts committed in the course of administration of the estate only if the conservator is personally at fault.

(3) Claims based on contracts entered into by a conservator in the fiduciary capacity of the conservator, on obligations arising from ownership or control of the estate or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the fiduciary capacity of the conservator, whether or not the conservator is personally liable.

(4) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting or for indemnification, or in any other appropriate proceeding or action. [1995 c.664 §51]

Source: Section 125.485 — Liability of conservator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.705 — OR Code / Title 13 / Chapter 125 / Section 125.705
125.705 Effect of vacancy in office of county public guardian and conservator
Status: in_force

(1) The person appointed to the office of county public guardian and conservator shall serve in the office at the pleasure of the appointing authority. If the person holding the office of county public guardian and conservator is removed from office, dies, becomes incapacitated or resigns, the removal, death, incapacity or resignation shall operate to remove the county public guardian and conservator as guardian and conservator of all estates then under the guardianship and conservatorship of the person.

(2) As used in ORS 125.700 (Office of county public guardian and conservator) to 125.730 (Fees prohibited) , “county public guardian and conservator” means the person appointed to the office of county public guardian and conservator created under ORS 125.700 (Office of county public guardian and conservator) . [Formerly 126.915; 2014 c.117 §14]

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

Source: Section 125.705 — Effect of vacancy in office of county public guardian and conservator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.642 — OR Code / Title 13 / Chapter 127 / Section 127.642
127.642 Principal to be provided with certain care to insure comfort and cleanliness
Status: in_force

Individuals caring for a principal from whom life-sustaining procedures or artificially administered nutrition and hydration are withheld or withdrawn shall provide care to insure comfort and cleanliness, including but not limited to the following:

(1) Oral and body hygiene.

(2) Reasonable efforts to offer food and fluids orally.

(3) Medication, positioning, warmth, appropriate lighting and other measures to relieve pain and suffering.

(4) Privacy and respect for the dignity and humanity of the principal. [1993 c.767 §11]

(Requirements Imposed on Health Care

Organizations Relating to

Rights of Individuals to

Make Health Care Decisions)

Source: Section 127.642 — Principal to be provided with certain care to insure comfort and cleanliness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.450 — OR Code / Title 13 / Chapter 130 / Section 130.450
130.450 Consolidation of proceedings
Status: in_force

If the proceeding to determine claims against a deceased settlor is pending under ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) at the same time as probate proceedings under ORS chapter 115, upon motion of any party or upon the court’s own motion, any of the courts conducting proceedings may:

(1) Order a joint hearing or trial on the common claims;

(2) Order that the proceedings be consolidated; or

(3) Make orders concerning the proceedings to avoid unnecessary costs for delays. [Formerly 128.300]

Source: Section 130.450 — Consolidation of proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.670 — OR Code / Title 13 / Chapter 130 / Section 130.670
130.670 UTC 805. Costs of administration
Status: in_force

In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust and the skills of the trustee. [2005 c.348 §63]

Source: Section 130.670 — UTC 805. Costs of administration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 129.210 — OR Code / Title 13 / Chapter 129 / Section 129.210
129.210 UPIA 103. Fiduciary duties
Status: in_force

(1) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of ORS 129.250 (UPIA 201. Determination and distribution of net income) to 129.280 (UPIA 303. Apportionment when income interest ends) , a fiduciary:

(a) Shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this chapter;

(b) May administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this chapter;

(c) Shall administer a trust or estate in accordance with this chapter if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration; and

(d) Shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income.

(2) In exercising the power to adjust under ORS 129.215 (UPIA 104. Trustee’s power to adjust) (1), or a discretionary power of administration regarding a matter within the scope of this chapter, whether granted by the terms of a trust, a will or by this chapter, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one or more of the beneficiaries. A determination in accordance with this chapter is presumed to be fair and reasonable to all of the beneficiaries. [2003 c.279 §3]

Source: Section 129.210 — UPIA 103. Fiduciary duties; general principles , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 127.672 — OR Code / Title 13 / Chapter 127 / Section 127.672
127.672 POLST not required
Status: in_force

Nothing in ORS 127.663 (Definitions for ORS 127.663 to 127.684) to 127.684 (Short title) is intended to require an individual to have a POLST or to require a health professional to authorize or execute a POLST. A POLST may be revoked at any time. [2009 c.595 §1183]

Source: Section 127.672 — POLST not required; revocation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.230 — OR Code / Title 13 / Chapter 130 / Section 130.230
130.230 UTC 417
Status: in_force

(1) Subject to subsection (2) of this section, a trustee may:

(a) Combine two or more trusts into a single trust by taking into account the pro rata economic interests of each beneficiary of each trust; or

(b) Divide a trust into two or more separate trusts.

(2) In taking any of the actions under subsection (1) of this section, the trustee shall:

(a) Provide notice to all qualified beneficiaries in accordance with ORS 130.733 (Notice of proposed trustee action to beneficiaries) ;

(b) Consider the individual rights of each beneficiary;

(c) Exercise due care and prudent judgment;

(d) Consider the terms of the trust instrument and amendments, if any, as well as all applicable statutory law; and

(e) Take the action only if the result does not materially impair the rights of any beneficiary or adversely affect achievement of the intent of the trustor. [2005 c.348 §37; 2015 c.126 §2]

Note: Section 5, chapter 126, Oregon Laws 2015, provides:

Sec. 5. The amendments to ORS 130.230 (UTC 417) , 130.232 (Division of trust into separate shares or portions) , 130.715 (UTC 814. Discretionary powers) and 130.730 (UTC 817. When interest of beneficiary vests) by sections 1 to 4, chapter 126, Oregon Laws 2015, apply only to trusts executed on or after January 1, 2016, and to trust proceedings commenced on or after the effective date of this 2017 Act [May 15, 2017], regardless of when the trust at issue was executed. [2015 c.126 §5; 2017 c.54 §1]

Source: Section 130.230 — UTC 417 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.170 — OR Code / Title 13 / Chapter 125 / Section 125.170
125.170 Payment and reimbursement for visitor services
Status: in_force

(1) Not more than once each calendar year, the court may charge a respondent or protected person for any visitor services provided during the year. The court may order reimbursement to the state from the assets of the respondent or protected person for the cost of any interview or report unless the court finds that the assessment would impose a hardship on the respondent or protected person. If the respondent or protected person is receiving public assistance or medical assistance, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) , there is a rebuttable presumption that charging a respondent or protected person for the services of a visitor would impose a hardship.

(2) The presiding judge by court order shall establish fees for visitors conducting interviews and preparing reports.

(3) All amounts collected under this section in reimbursement for visitor services shall be forwarded to the State Court Administrator and are continuously appropriated to the State Court Administrator. Funds appropriated to the State Court Administrator under this section may be used by the State Court Administrator for the purpose of funding visitor services provided under ORS 125.150 (Appointment of visitors) and 125.155 (Visitor’s report) . [1999 c.775 §9; 2003 c.227 §1; 2013 c.688 §21]

Source: Section 125.170 — Payment and reimbursement for visitor services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.685 — OR Code / Title 13 / Chapter 125 / Section 125.685
125.685 Deputy public guardian and conservator
Status: in_force

(1) A deputy public guardian and conservator providing public guardian and conservator services under ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) must be certified as a deputy public guardian and conservator by the Oregon Public Guardian and Conservator.

(2) A volunteer of the Oregon Public Guardian and Conservator must provide, in writing, the volunteer’s criminal history and must submit or consent to a criminal records check, including fingerprint identification.

(3) Volunteers:

(a) May not conduct the needs assessments required under ORS 125.683 (Needs assessment) ;

(b) May not engage in conduct that constitutes the unlicensed practice of law;

(c) Shall be under the supervision and control of the Oregon Public Guardian and Conservator or of a deputy public guardian and conservator;

(d) Shall be instructed in confidentiality and shall maintain the confidentiality of clients and of written information and materials relating to clients;

(e) May not receive compensation or any other benefit but may be reimbursed for reasonable travel and other expenses incurred in the performance of their duties on behalf of the Oregon Public Guardian and Conservator; and

(f) Except for intentional misconduct or conduct that is grossly negligent, are immune from civil liability for any acts or omissions occurring, or errors in judgment made in good faith, in the course of providing authorized public guardian and conservator services. [2014 c.117 §6; 2017 c.310 §3]

Source: Section 125.685 — Deputy public guardian and conservator; volunteer requirements and responsibilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 124.030 — OR Code / Title 13 / Chapter 124 / Section 124.030
124.030 Proof of service of restraining order to be delivered to sheriff
Status: in_force

(1) Whenever a restraining order, as authorized by ORS 124.015 (Hearing upon request of respondent) or 124.020 (Ex parte hearing) , that includes a security amount and an expiration date pursuant to ORS 124.015 (Hearing upon request of respondent) and 124.020 (Ex parte hearing) and this section, is issued and the person to be restrained has actual notice of the order, the clerk of the court or any other person serving the petition and order shall immediately deliver to a county sheriff a true copy of proof of service, on which it is stated that personal service of the petition and order was served on the respondent, and copies of the petition and order. Proof of service may be made by affidavit or by declaration under penalty of perjury. If an order entered by the court recites that the respondent appeared in person before the court, the necessity for service of the order and proof of service is waived. Upon receipt of a copy of the order and notice of completion of any required service by a member of a law enforcement agency, the county sheriff shall immediately enter the order into the Law Enforcement Data System maintained by the Department of State Police. If the petition and order were served on the respondent by a person other than a member of a law enforcement agency, the county sheriff shall enter the order into the Law Enforcement Data System upon receipt of a true copy of proof of service. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order is fully enforceable in any county in this state.

(2) Intentionally left blank —Ed.

(a) A restraining order shall remain in effect until the order expires or is terminated by court order.

(b) When a restraining order has been entered under ORS 124.020 (Ex parte hearing) , the restraining order shall not be terminated upon a motion for dismissal by the petitioner or guardian petitioner unless the motion is notarized.

(3) In any situation where a restraining order described in subsection (1) of this section is terminated before the expiration date, the clerk of the court shall immediately deliver a copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of the termination order, the county sheriff shall promptly remove the original order from the Law Enforcement Data System.

(4) Pending a contempt hearing for an alleged violation of a restraining order issued under ORS 124.015 (Hearing upon request of respondent) or 124.020 (Ex parte hearing) , a person arrested and taken into custody pursuant to ORS 133.310 (Authority of peace officer to arrest without warrant) may be released as provided in ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) . Whenever a restraining order is issued under ORS 124.015 (Hearing upon request of respondent) or 124.020 (Ex parte hearing) , the issuing court shall set a security amount for the violation of the order. [1995 c.666 §8; 2003 c.257 §5; 2007 c.255 §10; 2011 c.269 §5; 2015 c.121 §20]

Source: Section 124.030 — Proof of service of restraining order to be delivered to sheriff; entry in LEDS; expiration of restraining order; release of respondent pending hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 128.807 — OR Code / Title 13 / Chapter 128 / Section 128.807
128.807 Required submission of financial plan to nonprofit beneficiary
Status: in_force

(1) A professional fund raising firm shall not participate in a solicitation campaign in this state without first submitting a written financial plan to the nonprofit beneficiary. A nonprofit organization, utilizing the services of a professional fund raising firm, shall not solicit in this state unless it has obtained such a written financial plan from the firm. The written financial plan shall provide a good faith projection of the total expenses and revenue for each solicitation campaign contemplated by the agreement with the nonprofit beneficiary.

(2) In the case of solicitation campaigns which are directed at targeted individual donors, such as in telemarketing or direct mail solicitations, the plan shall specify whether each campaign is directed toward new donor acquisitions, individual donor renewals or some combination thereof. [1991 c.532 §19]

Source: Section 128.807 — Required submission of financial plan to nonprofit beneficiary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.025 — OR Code / Title 13 / Chapter 130 / Section 130.025
130.025 UTC 106. Common law of trusts
Status: in_force

The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or other law. [2005 c.348 §6]

Source: Section 130.025 — UTC 106. Common law of trusts; principles of equity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.620 — OR Code / Title 13 / Chapter 128 / Section 128.620
128.620 Definitions for ORS 128.610 to 128.769
Status: in_force

As used in ORS 128.610 (Short title) to 128.769 (Rules) :

(1) “Charitable corporation” means any nonprofit corporation organized under the laws of this state for charitable or eleemosynary purposes and any similar foreign corporation doing business or holding property in this state for such purposes. The mere making of grants or donations to institutions or beneficiaries within the State of Oregon, or the investigation of applicants for such grants or donations, does not constitute doing business in this state. However, the solicitation of funds for charitable purposes in this state shall constitute doing business therein.

(2) “Charitable fiduciary” means an officer, director, trustee or other fiduciary of a charitable organization, or a person in possession of funds for one or more charitable purposes.

(3) “Charitable organization” includes charitable corporations, trustees and other charitable organizations not specifically exempted from the application of ORS 128.610 (Short title) to 128.769 (Rules) .

(4) “Charitable purpose” means any purpose to promote the well-being of the public at large, or for the benefit of an indefinite number of persons, including but not limited to educational, literary, or scientific purposes, or for the prevention of cruelty to children or animals, or for the benefit of religion, rehabilitation services, public recreation, civic improvement, or services which lessen the burdens of government.

(5) “Religious corporation or organization” means any organized church or group organized for the purpose of divine worship, religious teaching, or other directly ancillary purposes.

(6) “Trustee” means:

(a) Any individual, group of individuals, corporation or other legal entity holding property in trust pursuant to any charitable trust;

(b) Any corporation that has accepted property to be used for a particular charitable corporate purpose as distinguished from the general purposes of the corporation; and

(c) A corporation formed for the administration of a charitable trust, pursuant to the directions of the settlor or at the instance of the trustee.

(7) “Willfully” means committing an act when it is known or should be known by the actor that the act is a violation of law. [1963 c.583 §§3,4; 1971 c.589 §2; 1981 c.593 §2; 1985 c.730 §5; 1989 c.334 §1; 2007 c.571 §2; 2014 c.8 §1]

Source: Section 128.620 — Definitions for ORS 128.610 to 128.769 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.200 — OR Code / Title 13 / Chapter 130 / Section 130.200
130.200 UTC 411. Modification or termination of irrevocable trust by consent
Status: in_force

(1) An irrevocable trust may be modified or terminated with approval of the court upon consent of the settlor and all beneficiaries who are not remote interest beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust. The Attorney General must consent to any modification or termination of a charitable trust. A settlor’s power to consent to a trust’s modification or termination may be exercised by:

(a) An agent or attorney-in-fact under a power of attorney only to the extent expressly authorized by the terms of the trust or the power of attorney;

(b) The settlor’s conservator with the approval of the court supervising the conservatorship if an agent or attorney-in-fact is not authorized by the terms of the trust or a power of attorney; or

(c) The settlor’s guardian with the approval of the court supervising the guardianship if an agent or attorney-in-fact is not authorized by the terms of the trust or a power of attorney and a conservator has not been appointed.

(2) An irrevocable trust may be terminated upon consent of all beneficiaries who are not remote interest beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. An irrevocable trust may be modified upon consent of all beneficiaries who are not remote interest beneficiaries if the court concludes that the modification is not inconsistent with a material purpose of the trust. The Attorney General must consent to any modification or termination of a charitable trust.

(3) For the purposes of subsections (1) and (2) of this section, a spendthrift provision in the terms of the trust is rebuttably presumed to constitute a material purpose of the trust.

(4) Upon termination of a trust under subsection (1) or (2) of this section, the trustee shall distribute the trust property as agreed to by the beneficiaries and, in the case of a charitable trust requiring the Attorney General’s consent, as agreed to by the Attorney General.

(5) A proposed modification or termination of the trust under subsection (1) or (2) of this section may be approved by the court without the consent of all beneficiaries who are not remote interest beneficiaries if the court finds that:

(a) If all beneficiaries who are not remote interest beneficiaries had consented, the trust could have been modified or terminated under this section; and

(b) The interests of any beneficiary who does not consent will be adequately protected.

(6) A binding nonjudicial settlement agreement relating to modification or termination of a trust may be entered into by all interested persons, as defined in ORS 130.045 (UTC 111. Nonjudicial settlement agreements) . [2005 c.348 §31; 2007 c.129 §21; 2009 c.275 §11; 2013 c.529 §5]

Source: Section 130.200 — UTC 411. Modification or termination of irrevocable trust by consent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.815 — OR Code / Title 13 / Chapter 125 / Section 125.815
125.815 Definitions
Status: in_force

(1) As used in ORS 125.815 (Definitions) to 125.835 (Proceedings in more than one state) :

(a) “Emergency” means a circumstance described in ORS 125.600 (In general) (1), and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s behalf.

(b) “Home state” means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a conservatorship order or the appointment of a guardian, or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.

(c) “Significant-connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(2) In determining under ORS 125.820 (Jurisdiction) and 125.837 (Transfer of guardianship or conservatorship to another state) (5) whether a respondent has a significant connection with a particular state, the court shall consider:

(a) The location of the respondent’s family and other persons required to be notified of the guardianship or conservatorship proceeding;

(b) The length of time the respondent at any time was physically present in the state and the duration of any absence;

(c) The location of the respondent’s property; and

(d) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver license, social relationship and receipt of services. [2009 c.179 §7]

Note: See note under 125.800 (Short title) .

Source: Section 125.815 — Definitions; significant-connection factors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.430 — OR Code / Title 13 / Chapter 130 / Section 130.430
130.430 Applicability of time limitations to public bodies
Status: in_force

Notwithstanding ORS 12.250 (Actions by state, county or public corporations) , all statutes of limitations and other time limitations imposed under ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) apply to actions brought in the name of the state, or brought in the name of any county or public corporation, and to actions brought for the benefit of the state or for the benefit of any county or public corporation. [Formerly 128.292]

Source: Section 130.430 — Applicability of time limitations to public bodies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.625 — OR Code / Title 13 / Chapter 127 / Section 127.625
127.625 Providers under no duty to participate in withdrawal or withholding of certain health care
Status: in_force

(1) A health care provider is not under any duty, whether by contract, statute or other legal requirement, to participate in the withdrawal or withholding of life-sustaining procedures or of artificially administered nutrition or hydration.

(2) If a health care provider is unable or unwilling to carry out an advance directive or the decisions of the health care representative, the following provisions apply:

(a) The health care provider shall promptly notify the health care representative, if the principal has appointed a health care representative;

(b) If the authority or decision of the health care representative is in dispute, the health care representative or health care provider may seek the guidance of the court in the manner provided in ORS 127.550 (Petition for judicial review of advance directives) ;

(c) If the health care representative’s authority or decision is not in dispute, the health care representative shall make a reasonable effort to transfer the principal to the care of another physician or health care provider; and

(d) If there is no health care representative for an incapable patient, and the health care decisions are not in dispute, the health care provider shall, without abandoning the patient, either discharge the patient or make a reasonable effort to locate a different physician or health care provider and authorize the transfer of the patient to that physician or health care provider. [Formerly 97.070; 1993 c.767 §20; 2018 c.36 §18]

Source: Section 127.625 — Providers under no duty to participate in withdrawal or withholding of certain health care; duty of provider who is unwilling to participate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 127.505 — OR Code / Title 13 / Chapter 127 / Section 127.505
127.505 Definitions for ORS 127.505 to 127.660
Status: in_force

As used in ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) :

(1) “Adult” means an individual who:

(a) Is 18 years of age or older; or

(b) Has been adjudicated an emancipated minor, or is a minor who is married.

(2) Intentionally left blank —Ed.

(a) “Advance directive” means a document executed by a principal that contains:

(A) A form appointing a health care representative; and

(B) Instructions to the health care representative.

(b) “Advance directive” includes any supplementary document or writing attached by the principal to the document described in paragraph (a) of this subsection.

(3) “Appointment” means a form appointing a health care representative, letters of guardianship or a court order appointing a health care representative.

(4) Intentionally left blank —Ed.

(a) “Artificially administered nutrition and hydration” means a medical intervention to provide food and water by tube, mechanical device or other medically assisted method.

(b) “Artificially administered nutrition and hydration” does not include the usual and typical provision of nutrition and hydration, such as the provision of nutrition and hydration by cup, hand, bottle, drinking straw or eating utensil.

(5) “Attending health care provider” means the health care provider who has primary responsibility for the care and treatment of the principal, provided that the powers and duties conferred on the health care provider by ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) are within the health care provider’s scope of practice.

(6) “Attending physician” means the physician who has primary responsibility for the care and treatment of the principal.

(7) “Capable” means not incapable.

(8) “Form appointing a health care representative” means:

(a) The portion of the form set forth in ORS 127.529 (Form of advance directive) , used to appoint a health care representative or an alternate health care representative; or

(b) The form set forth in ORS 127.527 (Form for appointing health care representative) .

(9) “Health care” means diagnosis, treatment or care of disease, injury and congenital or degenerative conditions, including the use, maintenance, withdrawal or withholding of life-sustaining procedures and the use, maintenance, withdrawal or withholding of artificially administered nutrition and hydration.

(10) “Health care decision” means consent, refusal of consent or withholding or withdrawal of consent to health care, and includes decisions relating to admission to or discharge from a health care facility.

(11) “Health care facility” means a health care facility as defined in ORS 442.015 (Definitions) , a domiciliary care facility as defined in ORS 443.205 (Definitions for ORS 443.215 and 443.225) , a residential facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) , an adult foster home as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825) or a hospice program as defined in ORS 443.850 (Definitions for ORS 443.850 to 443.869) .

(12) Intentionally left blank —Ed.

(a) “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession.

(b) “Health care provider” includes a health care facility.

(13) “Health care representative” means:

(a) A competent adult appointed to be a health care representative or an alternate health care representative under ORS 127.510 (Appointment of health care representative and alternate health care representative) .

(b) A person who has authority to make health care decisions for a principal under the provisions of ORS 127.635 (Withdrawal of life-sustaining procedures) (2) or (3).

(c) A guardian or other person, appointed by a court to make health care decisions for a principal.

(14) “Incapable” means that in the opinion of the court in a proceeding to appoint or confirm authority of a health care representative, or in the opinion of the principal’s attending physician or attending health care provider, a principal lacks the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the principal’s manner of communicating if those persons are available.

(15) “Instrument” means an advance directive, form appointing a health care representative, disqualification, withdrawal, court order, court appointment or other document governing health care decisions.

(16) Intentionally left blank —Ed.

(a) “Life-sustaining procedure” means any medical procedure, pharmaceutical, medical device or medical intervention that maintains life by sustaining, restoring or supplanting a vital function.

(b) “Life-sustaining procedure” does not include routine care necessary to sustain patient cleanliness and comfort.

(17) “Medically confirmed” means the medical opinion of the attending physician or attending health care provider has been confirmed by a second physician or second health care provider who has examined the patient and who has clinical privileges or expertise with respect to the condition to be confirmed.

(18) “Permanently unconscious” means completely lacking an awareness of self and external environment, with no reasonable possibility of a return to a conscious state, and that condition has been medically confirmed by a neurological specialist who is an expert in the examination of unresponsive individuals.

(19) “Physician” means an individual licensed to practice medicine by the Oregon Medical Board or a naturopathic physician licensed to practice naturopathic medicine by the Oregon Board of Naturopathic Medicine.

(20) “Principal” means:

(a) An adult who has executed an advance directive;

(b) A person of any age who has a health care representative;

(c) A person for whom a health care representative is sought; or

(d) A person being evaluated for capability to whom a health care representative will be assigned if the person is determined to be incapable.

(21) “Terminal condition” means a health condition in which death is imminent irrespective of treatment, and where the application of life-sustaining procedures or the artificial administration of nutrition and hydration serves only to postpone the moment of death of the principal. [1989 c.914 §1; 1991 c.470 §11; 1993 c.767 §1; 2009 c.381 §1; 2017 c.356 §12; 2018 c.36 §9; 2021 c.328 §4]

Source: Section 127.505 — Definitions for ORS 127.505 to 127.660 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 128.814 — OR Code / Title 13 / Chapter 128 / Section 128.814
128.814 Presumption of breach of fiduciary duty by officer or director of nonprofit beneficiary
Status: in_force

(1) There shall be a rebuttable presumption of a breach of fiduciary duty if an officer or director of a nonprofit beneficiary enters into an agreement with a professional fund raising firm:

(a) For a duration to exceed two years unless the nonprofit beneficiary has obtained written proposals from at least two other professional fund raising firms; or

(b) Where one of the stated or implied purposes of the solicitation campaign is to acquire an identified list of donors for use as a donor base for future solicitations by the nonprofit beneficiary, unless the nonprofit beneficiary has exclusive rights to the ownership and use of the list of donors.

(2) It shall be presumed that such donor list acquisition is a purpose of the campaign unless the agreement specifies otherwise.

(3) This section shall not prohibit a professional fund raising firm from retaining a security interest in a list for the limited purpose of recovering amounts owed to it pursuant to the terms of the contract. [1991 c.532 §22]

Source: Section 128.814 — Presumption of breach of fiduciary duty by officer or director of nonprofit beneficiary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 129.315 — OR Code / Title 13 / Chapter 129 / Section 129.315
129.315 UPIA 405. Rental property
Status: in_force

To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, must be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee’s contractual obligations have been satisfied with respect to that amount. [2003 c.279 §14]

Source: Section 129.315 — UPIA 405. Rental property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 125.530 — OR Code / Title 13 / Chapter 125 / Section 125.530
125.530 Powers and duties of conservator on death of protected person
Status: in_force

If a protected person dies and the conservator has possession of a will of the protected person, the conservator shall either deliver the will to the personal representative named in the will or deliver the will to the court for safekeeping. If the conservator delivers the will to the court for safekeeping, the conservator must inform any personal representative named in the will that the conservator has made that delivery. If it is not possible to inform the named personal representative, the conservator shall inform the beneficiaries named in the will of the delivery. The conservator shall retain and administer the estate for delivery to the personal representative of the decedent or other persons entitled to the estate. [1995 c.664 §60; 1997 c.717 §8]

Source: Section 125.530 — Powers and duties of conservator on death of protected person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.870 — OR Code / Title 13 / Chapter 127 / Section 127.870
127.870 §3.12. Effect on construction of wills, contracts and statutes
Status: in_force

(1) No provision in a contract, will or other agreement, whether written or oral, to the extent the provision would affect whether a person may make or rescind a request for medication to end his or her life in a humane and dignified manner, shall be valid.

(2) No obligation owing under any currently existing contract shall be conditioned or affected by the making or rescinding of a request, by a person, for medication to end his or her life in a humane and dignified manner. [1995 c.3 §3.12]

Source: Section 127.870 — §3.12. Effect on construction of wills, contracts and statutes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.035 — OR Code / Title 13 / Chapter 125 / Section 125.035
125.035 Reports to Legislative Assembly regarding protective proceedings
Status: in_force

(1) As used in this section:

(a) “Case subtype” means guardianship, conservatorship or guardianship and conservatorship.

(b) “Case type” means adult protective proceeding or minor protective proceeding.

(2) No later than September 15 of each year, the Judicial Department shall submit, to the interim committees of the Legislative Assembly related to the judiciary, a report on county-level data concerning protective proceedings in Multnomah, Lane and Columbia Counties during the two calendar years immediately preceding the year of the report, including:

(a) The number of protective proceedings initiated, broken out by case type and case subtype;

(b) The number of protective proceedings where the respondent was 65 years of age or older at the time the petition was filed;

(c) The number of protective proceedings granted, broken out by case type and case subtype; and

(d) The number of respondents or protected persons for whom the court appointed counsel under ORS 125.080 (Hearing) , broken out by case subtype.

(3) The department, in consultation with the Oregon Public Defense Commission, shall also include in the report described in subsection (2) of this section, to the extent the data is available:

(a) The number of cases with court-appointed counsel where payment for court-appointed counsel was from the assets of the respondent or protected person, broken out by case subtype; and

(b) The aggregate number of hours court-appointed counsel spent representing respondents or protected persons and the average number of hours court-appointed counsel spent per case. [2021 c.400 §2; 2023 c.281 §23]

Note: Section 3, chapter 400, Oregon Laws 2021, provides:

Sec. 3. The Judicial Department shall submit the first report required under section 2 of this 2021 Act [ 125.035 (Reports to Legislative Assembly regarding protective proceedings) ] no later than September 15, 2024, and annually thereafter. [2021 c.400 §3]

Note: 125.035 (Reports to Legislative Assembly regarding protective proceedings) was enacted into law by the Legislative Assembly but was 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 125.035 — Reports to Legislative Assembly regarding protective proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.395 — OR Code / Title 13 / Chapter 130 / Section 130.395
130.395 Claim on contingent or unliquidated debt
Status: in_force

(1) A claim on a contingent or unliquidated debt shall be presented under ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) in the same manner as other claims. If the debt becomes absolute or liquidated before distribution of the trust estate, the claim shall be paid in the same manner as a claim on an absolute or liquidated debt.

(2) If a contingent or unliquidated debt does not become absolute or liquidated before distribution of the trust estate, the trustee may provide for payment of the claim by any of the following methods:

(a) The creditor and trustee may determine, by agreement, arbitration or compromise, the value of the debt and the claim may be allowed and paid in the same manner as a claim on an absolute or liquidated debt.

(b) The trustee may distribute the trust estate, but retain sufficient funds to pay the claim if and when the debt becomes absolute or liquidated. Distribution of trust assets may not be delayed under this paragraph for more than two years after distribution would otherwise be required by the terms of the trust. If the debt does not become absolute or liquidated within that time, the funds retained, after payment therefrom of any expenses accruing during that time, shall be distributed to the beneficiaries.

(3) A court may order the trustee to make distribution of the trust estate as though the claim did not exist.

(4) If after distribution under subsection (2)(b) or (3) of this section the debt becomes absolute or liquidated, the beneficiaries are liable to the creditor to the extent of the trust estate received by them. Payment of the debt may be arranged by creating a trust, giving a mortgage, securing a bond from a distributee or by other method. [Formerly 128.278]

Source: Section 130.395 — Claim on contingent or unliquidated debt , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 124.115 — OR Code / Title 13 / Chapter 124 / Section 124.115
124.115 Persons not subject to action
Status: in_force

(1) Except as provided by subsection (2) of this section, an action under ORS 124.100 (Definitions for ORS 124.100 to 124.140) may not be brought against:

(a) Financial institutions, as defined by ORS 706.008 (Additional definitions for Bank Act) ;

(b) A health care facility, as defined in ORS 442.015 (Definitions) ;

(c) Any facility licensed or registered under ORS chapter 443; or

(d) Broker-dealers licensed under ORS 59.005 (Short title) to 59.505 (Provision of records to law enforcement and certain state agencies) .

(2) An action may be brought under ORS 124.100 (Definitions for ORS 124.100 to 124.140) against a person listed in subsection (1) of this section if:

(a) The person is convicted of one of the crimes specified in ORS 124.105 (Physical abuse subject to action) (1); or

(b) The person engages in conduct constituting financial abuse as described in ORS 124.110 (Financial abuse subject to action) , and the person is convicted of a crime by reason of the conduct. [1995 c.671 §3a; 1997 c.631 §408; 1999 c.305 §3]

Source: Section 124.115 — Persons not subject to action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 130.650 — OR Code / Title 13 / Chapter 130 / Section 130.650
130.650 UTC 801. Duty to administer trust
Status: in_force

(1) Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this chapter.

(2) A trustee is not required to object to a modification, reformation or termination of the trust under ORS 130.045 (UTC 111. Nonjudicial settlement agreements) , 130.200 (UTC 411. Modification or termination of irrevocable trust by consent) , 130.205 (UTC 412. Modifications or termination because of unanticipated circumstances or inability to administer trust effectively) , 130.210 (UTC 413. Cy pres) , 130.215 (UTC 414. Modification or termination of uneconomic trust) , 130.220 (UTC 415. Reformation to correct mistakes) or 130.225 (UTC 416. Modification to achieve settlor’s tax objectives) , or a trust combination or division under ORS 130.230 (UTC 417) , solely because of the existence of the duty to administer the trust under subsection (1) of this section or the duty of loyalty under ORS 130.655 (UTC 802. Duty of loyalty) (1). [2005 c.348 §59; 2013 c.529 §17]

Source: Section 130.650 — UTC 801. Duty to administer trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.680 — OR Code / Title 13 / Chapter 130 / Section 130.680
130.680 UTC 807. Delegation by trustee
Status: in_force

(1) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill and caution in:

(a) Selecting an agent;

(b) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and

(c) Periodically reviewing the agent’s actions in order to monitor the agent’s performance and compliance with the terms of the delegation.

(2) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.

(3) A trustee who complies with subsection (1) of this section is not liable to the beneficiaries or to the trust for an action of the agent.

(4) By accepting a delegation of powers or duties from the trustee of a trust that is subject to this state’s law, an agent submits to the jurisdiction of the courts of this state. [2005 c.348 §65]

Source: Section 130.680 — UTC 807. Delegation by trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.490 — OR Code / Title 13 / Chapter 125 / Section 125.490
125.490 Status of persons dealing with conservator
Status: in_force

(1) A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring a court order under the provisions of this chapter is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not require the person to inquire into existence of a power or the propriety of its exercise, except that restrictions on powers of conservators that are indorsed on letters are effective as to third persons. A person is not required to see to the proper application of estate assets paid or delivered to a conservator.

(2) The protection provided under subsection (1) of this section:

(a) Is not affected by any procedural irregularity or jurisdictional defect in the proceedings that resulted in the issuance of letters; and

(b) Is in addition to the protection provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.

(3) A person who holds property in which the protected person has an interest, or who is indebted either to the protected person or to the protected person and others, may enter into transactions with the conservator with respect to the property or debt to the same extent that the person could deal with the protected person if the protected person were not under protection. [1995 c.664 §52]

Source: Section 125.490 — Status of persons dealing with conservator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.720 — OR Code / Title 13 / Chapter 127 / Section 127.720
127.720 Circumstances in which physician or provider may disregard declaration
Status: in_force

(1) The physician or provider may subject the principal to mental health treatment in a manner contrary to the principal’s wishes as expressed in a declaration for mental health treatment only:

(a) If the principal is committed pursuant to ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction) or 426.701 (Commitment of “extremely dangerous” person with qualifying mental disorder) to the Oregon Health Authority and treatment is authorized in compliance with ORS 426.385 (Rights of committed persons) (3) and administrative rule.

(b) If treatment is authorized in compliance with administrative rule and:

(A) The principal is committed to a state hospital or secure intensive community inpatient facility:

(i) As a result of being found guilty except for insanity under ORS 161.295 (Effect of qualifying mental disorder) or responsible except for insanity under ORS 419C.411 (Disposition order) ;

(ii) Under ORS 161.365 (Procedure for determining issue of fitness to proceed) ; or

(iii) Under ORS 161.370 (Determination of fitness to proceed) ; or

(B) The principal is transferred to a state hospital or other facility under ORS 179.473 (Transfers between institutions) or 419C.530 (Continuing jurisdiction of Psychiatric Security Review Board after placement) .

(c) In cases of emergency endangering life or health.

(2) A declaration does not limit any authority provided in ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction) either to take a person into custody, or to admit, retain or treat a person in a health care facility. [1993 c.442 §9; 1995 c.141 §2; 2009 c.595 §88; 2011 c.279 §1; 2021 c.33 §1]

Source: Section 127.720 — Circumstances in which physician or provider may disregard declaration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 128.824 — OR Code / Title 13 / Chapter 128 / Section 128.824
128.824 Disclosures required in commercial fund raising solicitations
Status: in_force

(1) All commercial fund raising solicitations shall include a clear and conspicuous disclosure of the identity of the commercial fund raising firm or commercial coventurer.

(a) In the case of a vending machine, it shall be disclosed on the device that the machine is owned and operated by the commercial fund raising firm or commercial coventurer.

(b) In the case of an in-person solicitation, including a face-to-face or telephone solicitation, it shall be disclosed orally in the course of the solicitation but prior to asking for a commitment for a contribution from the solicitee, and in writing to any solicitee that makes a pledge to be delivered within 10 days of the date of the pledge that the solicitor is operating under the direction and control of a named commercial fund raising firm or commercial coventurer.

(c) In the case of a solicitation by advertisement or mass distribution, including posters, leaflets, automatic dialing machines, publications and audio or video broadcasts, it shall be disclosed in the body of the solicitation material that the product or service is marketed by a named commercial fund raising firm or commercial coventurer.

(2) All commercial fund raising solicitations shall include a clear and conspicuous disclosure of the amount of the solicited funds to be paid to the nonprofit beneficiary as provided in ORS 128.823 (Designation of amount to be paid to beneficiaries) .

(a) In the case of a vending machine, the disclosure shall be on the device.

(b) In the case of an in-person solicitation, including a face-to-face or telephone solicitation, the disclosure shall be in the form of a written statement to any solicitee who makes a pledge, to be delivered within 10 days of the date of the pledge.

(c) In the case of a solicitation by advertisement or mass distribution, the disclosure shall be in the body of the solicitation material. [1991 c.532 §6]

Source: Section 128.824 — Disclosures required in commercial fund raising solicitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 127.899 — OR Code / Title 13 / Chapter 127 / Section 127.899
127.899 Short title
Status: in_force

ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) shall be known as the Oregon Death with Dignity Act. [2023 c.241 §5]

Source: Section 127.899 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.445 — OR Code / Title 13 / Chapter 130 / Section 130.445
130.445 Dismissal for want of prosecution
Status: in_force

(1) If the trustee does not file a petition to close the case under ORS 130.440 (Petition to close case) within one year after filing a petition under ORS 130.355 (Commencement of proceeding) , the court clerk shall mail a notice to the trustee, or the attorney for the trustee if the trustee is represented by counsel, informing the trustee that a judgment of dismissal will be entered in the case for want of prosecution unless an application for a continuance is made to the court and good cause is shown within 60 days after the date of the notice. Good cause for a continuance includes the pendency of a separate action under ORS 130.400 (Allowance and disallowance of claims) (4).

(2) If an application for a continuance is not made under this section, or the court fails to find good cause for a continuance, the court shall enter a judgment of dismissal of the proceeding without prejudice. The dismissal does not bar a claimant’s right to pursue claims against a trustee, and a claimant shall have the same rights as if the trustee filed no proceeding. [Formerly 128.298]

Source: Section 130.445 — Dismissal for want of prosecution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 124.055 — OR Code / Title 13 / Chapter 124 / Section 124.055
124.055 Policy
Status: in_force

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

Source: Section 124.055 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 129.275 — OR Code / Title 13 / Chapter 129 / Section 129.275
129.275 UPIA 302. Apportionment of receipts and disbursements when decedent dies or income interest begins
Status: in_force

(1) A trustee shall allocate an income receipt or disbursement other than one to which ORS 129.250 (UPIA 201. Determination and distribution of net income) (1) applies to principal if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest.

(2) A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date. An income receipt or disbursement must be treated as accruing from day to day if its due date is not periodic or it has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins must be allocated to principal and the balance must be allocated to income.

(3) An item of income or an obligation is due on the date the payer is required to make a payment. If a payment date is not stated, there is no due date for the purposes of this chapter. Distributions to shareholders or other owners from an entity to which ORS 129.300 (UPIA 401. Character of receipts) applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date is periodic for receipts or disbursements that must be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals. [2003 c.279 §8]

Source: Section 129.275 — UPIA 302. Apportionment of receipts and disbursements when decedent dies or income interest begins , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 130.730 — OR Code / Title 13 / Chapter 130 / Section 130.730
130.730 UTC 817. When interest of beneficiary vests
Status: in_force

(1) The interests of a beneficiary under a testamentary trust vest upon the death of the testator, and the interests of a beneficiary under a revocable or irrevocable trust vest when the trust becomes irrevocable, and not later, unless the will or trust clearly indicates a contrary intent.

(2) Unless a will or trust clearly indicates a contrary intent, upon the occurrence of an event, satisfaction of a condition or exercise of a power that terminates or partially terminates a trust or creates an obligation for the trustee to pay or distribute all or any portion of a trust to a beneficiary, the beneficiary’s interest in the terminated trust, portion or distribution indefeasibly vests in the beneficiary as of the event, satisfaction or exercise, subject to ORS 114.600 (Elective share generally) to 114.725 (Effect of separation) , rights of creditors and the administration and sale of trust property by the trustee. Upon the termination or partial termination of a trust or upon creation of the obligation for the trustee to pay or distribute all or any portion of a trust to a beneficiary under this subsection, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to the property. The trustee may retain a reasonable reserve for the payment of debts, fees, expenses and taxes.

(3) Incidental to a termination or partial termination of a trust, the trustee may request that a beneficiary execute a release of the trustee from liability for breach of trust. A release under this subsection is invalid to the extent:

(a) The release was induced by improper conduct of the trustee; or

(b) The trustee failed to adequately disclose to the beneficiary, at the time of the release, the material facts relating to the breach or sufficient information to enable the beneficiary to know of a potential claim or to inquire into the existence of a breach or potential claim. [2005 c.348 §76; 2013 c.529 §21; 2015 c.126 §4]

Note: See note under 130.230 (UTC 417) .

Source: Section 130.730 — UTC 817. When interest of beneficiary vests; distribution upon termination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 124.130 — OR Code / Title 13 / Chapter 124 / Section 124.130
124.130 Statute of limitation
Status: in_force

An action under ORS 124.100 (Definitions for ORS 124.100 to 124.140) to 124.140 (Estoppel based on criminal conviction) must be commenced within seven years after discovery of the conduct described in ORS 124.105 (Physical abuse subject to action) and 124.110 (Financial abuse subject to action) that gives rise to a cause of action under ORS 124.100 (Definitions for ORS 124.100 to 124.140) to 124.140 (Estoppel based on criminal conviction) . [1995 c.671 §6]

Source: Section 124.130 — Statute of limitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 125.689 — OR Code / Title 13 / Chapter 125 / Section 125.689
125.689 Oregon Public Guardian and Conservator Fund
Status: in_force

(1) The Oregon Public Guardian and Conservator Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Public Guardian and Conservator Fund shall be credited to the fund. The fund consists of:

(a) Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly;

(b) Moneys received from federal, state or local sources;

(c) Amounts donated to the fund;

(d) Investment earnings received on moneys in the fund; and

(e) Other amounts deposited in the fund from any source.

(2) Moneys in the fund are continuously appropriated to the Oregon Public Guardian and Conservator for the purposes of ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) .

(3) Moneys in the fund may be invested and reinvested as provided in ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government) .

(4) Moneys in the fund may be used by the Oregon Public Guardian and Conservator for administrative costs and expenses of the Oregon Public Guardian and Conservator in performing the duties and functions under ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) . [2017 c.310 §7]

Source: Section 125.689 — Oregon Public Guardian and Conservator Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.810 — OR Code / Title 13 / Chapter 127 / Section 127.810
127.810 §2.02. Form of the written request
Status: in_force

(1) A valid request for medication under ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) shall be in substantially the form described in ORS 127.897 (§6.01. Form of the request) , signed and dated by the patient and witnessed by at least two individuals who, in the presence of the patient, attest that to the best of their knowledge and belief the patient is capable, acting voluntarily, and is not being coerced to sign the request.

(2) One of the witnesses shall be a person who is not:

(a) A relative of the patient by blood, marriage or adoption;

(b) A person who at the time the request is signed would be entitled to any portion of the estate of the qualified patient upon death under any will or by operation of law; or

(c) An owner, operator or employee of a health care facility where the qualified patient is receiving medical treatment or is a resident.

(3) The patient’s attending physician at the time the request is signed shall not be a witness.

(4) If the patient is a patient in a long term care facility at the time the written request is made, one of the witnesses shall be an individual designated by the facility and having the qualifications specified by the Department of Human Services by rule. [1995 c.3 §2.02]

(Section 3)

Source: Section 127.810 — §2.02. Form of the written request , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.155 — OR Code / Title 13 / Chapter 130 / Section 130.155
130.155 UTC 402. Requirements for creation
Status: in_force

(1) A trust is created only if all of the following requirements are met:

(a) The settlor has capacity to create a trust.

(b) The settlor indicates an intention to create the trust.

(c) The trust has a definite beneficiary or is:

(A) A charitable trust;

(B) A trust for the care of an animal, as provided in ORS 130.185 (UTC 408. Pet trust) ;

(C) A trust for a noncharitable purpose, as provided in ORS 130.190 (UTC 409. Noncharitable trust without ascertainable beneficiary) ; or

(D) A stewardship trust, as provided in ORS 130.193 (Stewardship trust) .

(d) The trustee has duties to perform.

(e) The same person is not the sole trustee and sole beneficiary.

(2) A beneficiary is definite for the purposes of subsection (1)(c) of this section if the beneficiary can be ascertained when the trust is created or at any time thereafter, subject to any applicable rule against perpetuities.

(3) A power of a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. [2005 c.348 §22; 2019 c.162 §5]

Source: Section 130.155 — UTC 402. Requirements for creation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 129.420 — OR Code / Title 13 / Chapter 129 / Section 129.420
129.420 UPIA 505. Income taxes
Status: in_force

(1) A tax required to be paid by a trustee based on receipts allocated to income must be paid from income.

(2) A tax required to be paid by a trustee based on receipts allocated to principal must be paid from principal, even if the tax is called an income tax by the taxing authority.

(3) A tax required to be paid by a trustee on the trust’s share of an entity’s taxable income must be paid:

(a) From income to the extent that receipts from the entity are allocated only to income;

(b) From principal to the extent that receipts from the entity are allocated only to principal;

(c) Proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal; and

(d) From principal to the extent that the tax exceeds the total receipts from the entity.

(4) After applying subsections (1) to (3) of this section, the trustee shall adjust income or principal receipts to the extent that the trust’s taxes are reduced because the trust receives a deduction for payments made to a beneficiary. [2003 c.279 §29; 2011 c.307 §3]

Source: Section 129.420 — UPIA 505. Income taxes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).