ORS § 125.020 — OR Code / Title 13 / Chapter 125 / Section 125.020
125.020 Venue for protective proceedings
Status: in_force

(1) Except as provided in this section, a protective proceeding must be commenced in the county where the respondent resides or is present.

(2) If the respondent resides in an institution by reason of an order of a court, the proceeding may be commenced in the county where that court sits.

(3) If the respondent does not reside in this state and is not present in this state, a conservatorship proceeding may be commenced in any county where property of the respondent is located.

(4) The court may transfer a protective proceeding at any time to another court if the transfer is in the best interests of the respondent or protected person. [1995 c.664 §4]

Source: Section 125.020 — Venue for protective proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.702 — OR Code / Title 13 / Chapter 127 / Section 127.702
127.702 Persons who may make declaration for mental health treatment
Status: in_force

(1) An adult of sound mind may make a declaration of preferences or instructions regarding mental health treatment. The preferences or instructions may include consent to or refusal of mental health treatment.

(2) A declaration for mental health treatment continues in effect for a period of three years or until revoked. The authority of a named attorney-in-fact and any alternative attorney-in-fact named in the declaration continues in effect as long as the declaration appointing the attorney-in-fact is in effect or until the attorney-in-fact has withdrawn. If a declaration for mental health treatment has been invoked and is in effect at the expiration of three years after its execution, the declaration remains effective until the principal is no longer incapable. [1993 c.442 §2]

Source: Section 127.702 — Persons who may make declaration for mental health treatment; period of validity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 124.024 — OR Code / Title 13 / Chapter 124 / Section 124.024
124.024 Notice to be given by guardian petitioner
Status: in_force

(1) A guardian petitioner must give notice of the petition, order and related forms prescribed under ORS 124.020 (Ex parte hearing) (6) to the elderly person or person with a disability named in the petition.

(2) The guardian petitioner must also serve on the elderly person or person with a disability a notice that contains a statement of the rights of the person as follows:

(a) The right to contact and retain counsel;

(b) The right to have access to personal records;

(c) The right to file objections to the restraining order;

(d) The right to request a hearing to contest all or part of the restraining order; and

(e) The right to present evidence and cross-examine witnesses at any hearing.

(3) Notice provided under subsection (1) of this section must be similar to the notice provided to the respondent and must contain an objection form that the elderly person or person with a disability may complete and mail to the court.

(4) Notice under this section must be personally served on the elderly person or person with a disability. The date of personal service must be not later than 72 hours after the court issues a restraining order under ORS 124.020 (Ex parte hearing) .

(5) Proof of service under this section must be filed in the proceeding before the court holds a hearing under ORS 124.015 (Hearing upon request of respondent) . [2003 c.257 §7; 2003 c.257 §7a; 2005 c.671 §10; 2007 c.70 §28; 2015 c.119 §6]

Source: Section 124.024 — Notice to be given by guardian petitioner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 124.088 — OR Code / Title 13 / Chapter 124 / Section 124.088
124.088 Certain privileges not grounds for excluding evidence in court proceedings
Status: in_force

(1) In the case of abuse of an elderly person, the privileges created in ORS 40.230 (Rule 504. Psychotherapist-patient privilege) to 40.255 (Rule 505. Spousal privilege) , including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding an elderly person’s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) .

(2) In any judicial proceedings resulting from a report made pursuant to ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) , either spouse shall be a competent and compellable witness against the other.

(3) As used in this section, “abuse” and “elderly person” have the meanings given those terms in ORS 124.050 (Definitions for ORS 124.050 to 124.095) . [2021 c.323 §1]

Note: 124.088 (Certain privileges not grounds for excluding evidence in court proceedings) 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 124.088 — Certain privileges not grounds for excluding evidence in court proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 127.527 — OR Code / Title 13 / Chapter 127 / Section 127.527
127.527 Form for appointing health care representative
Status: in_force

A form for appointing a health care representative and an alternate health care representative must be written in substantially the following form:

This form may be used in Oregon to choose a person to make health care decisions for you if you become too sick to speak for yourself. The person is called a health care representative.

• If you have completed a form appointing a health care representative in the past, this new form will replace any older form.

• You must sign this form for it to be effective. You must also have it witnessed by two witnesses or a notary. Your appointment of a health care representative is not effective until the health care representative accepts the appointment.

• If you become too sick to speak for yourself and do not have an effective health care representative appointment, a health care representative will be appointed for you in the order of priority set forth in ORS 127.635 (Withdrawal of life-sustaining procedures) (2).

1. ABOUT ME.

Name: _______________

Date of Birth: _________

Telephone numbers: (Home) _____

(Work) _____ (Cell) _____

Address: __________________

E-mail: _______________

2. MY HEALTH CARE REPRESENTATIVE.

I choose the following person as my health care representative to make health care decisions for me if I can’t speak for myself.

Name: _______________

Relationship: _________

Telephone numbers: (Home) _____

(Work) _____ (Cell) _____

Address: __________________

E-mail: _______________

I choose the following people to be my alternate health care representatives if my first choice is not available to make health care decisions for me or if I cancel the first health care representative’s appointment.

First alternate health care representative:

Name: _______________

Relationship: _________

Telephone numbers: (Home) _____

(Work) _____ (Cell) _____

Address: __________________

E-mail: _______________

Second alternate health care representative:

Name: _______________

Relationship: _________

Telephone numbers: (Home) _____

(Work) _____ (Cell) _____

Address: __________________

E-mail: _______________

3. MY SIGNATURE.

My signature: _______________

Date: _________

4. WITNESS.

COMPLETE EITHER A OR B WHEN YOU SIGN.

A. NOTARY:

State of ____________

County of ____________

Signed or attested before me on _____,

2___, by _______________.

________________________

Notary Public - State of Oregon

B. WITNESS DECLARATION:

The person completing this form is personally known to me or has provided proof of identity, has signed or acknowledged the person’s signature on the document in my presence and appears to be not under duress and to understand the purpose and effect of this form. In addition, I am not the person’s health care representative or alternate health care representative, and I am not the person’s attending health care provider.

Witness Name (print): ________

Signature: _______________

Date: _______________

Witness Name (print): ________

Signature: _______________

Date: _______________

5. ACCEPTANCE BY MY HEALTH CARE REPRESENTATIVE.

I accept this appointment and agree to serve as health care representative.

Health care representative:

Printed name: _______________

Signature or other verification of acceptance: _______________

Date: _________

First alternate health care representative:

Printed name: _______________

Signature or other verification of acceptance: _______________

Date: _________

Second alternate health care representative:

Printed name: _______________

Signature or other verification of acceptance: _______________

Date: _________

[2018 c.36 §5]

Source: Section 127.527 — Form for appointing health care representative , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.385 — OR Code / Title 13 / Chapter 130 / Section 130.385
130.385 Claim on debts not yet due
Status: in_force

A claim on a debt not due, whether or not the creditor holds security for the claim, may be presented under ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) as a claim on a debt due. If the claim is allowed, allowance shall be in an amount equal to the value of the debt on the date of allowance. The creditor, after allowance of the claim, may withdraw the claim without prejudice to other remedies. Payment on the basis of the amount allowed discharges the debt and the security, if any, held by the creditor for the claim. [Formerly 128.274]

Source: Section 130.385 — Claim on debts not yet due , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.415 — OR Code / Title 13 / Chapter 125 / Section 125.415
125.415 Termination of bond by surety
Status: in_force

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

(2) A surety’s obligation under a bond shall continue until court approval of an accounting covering the period during which the bond was effective and an order is entered releasing the sureties. [1995 c.664 §37]

(Conservator’s Powers and Duties)

Source: Section 125.415 — Termination of bond by surety , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.575 — OR Code / Title 13 / Chapter 127 / Section 127.575
127.575 Instrument presumed valid
Status: in_force

A health care provider has no duty to give effect to any instrument unless the provider has received a copy of the instrument. Health care providers are entitled to assume the validity and enforceability of an advance directive if the directive on its face is in compliance with ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) , and the provider has not been given notice of a suspension, reinstatement, revocation, superseding document, disqualification, withdrawal, dispute or other legal infirmity raising a question as to the validity or enforceability of the directive. Health care providers are entitled to assume the validity and enforceability of any other instrument if the provider has not been given notice of a suspension, reinstatement, revocation, superseding document, disqualification, withdrawal, dispute or other legal infirmity raising a question as to the validity or enforceability of the instrument. [1989 c.914 §15; 1993 c.767 §18]

Source: Section 127.575 — Instrument presumed valid , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.560 — OR Code / Title 13 / Chapter 130 / Section 130.560
130.560 Failure of specific distribution
Status: in_force

(1) Subject to this section, a specific distribution does not fail by reason of the destruction, damage, sale, condemnation or change in form of the property that is the subject of the specific distribution unless:

(a) The trust instrument provides that the specific distribution fails under the particular circumstances; or

(b) The settlor, during the lifetime of the settlor, or the trustee gives property to the beneficiary of the specific distribution with the intent of satisfying the specific distribution.

(2) If part of the property that is the subject of a specific distribution is destroyed, damaged, sold or condemned, the remaining interest in the property passes pursuant to the specific distribution. The part of the property that is destroyed, damaged, sold or condemned is subject to subsections (3) to (6) of this section if the property would have been adeemed under the common law had the property been subject to probate in the settlor’s estate.

(3) If property that is the subject of a specific distribution is insured and the property is destroyed or damaged, the beneficiary of the specific distribution is entitled to receive the following amounts, less any amount expended or incurred by the settlor or trust estate in restoration or repair of the property:

(a) Any insurance proceeds for the destroyed or damaged property unpaid at the time set in the trust instrument for the specific distribution; and

(b) An amount equal to all insurance payments paid to the settlor, and such proceeds or awards paid to the trustee for the destroyed or damaged property, during the six-month period immediately preceding the time set in the trust instrument for the specific distribution.

(4) If property that is the subject of a specific distribution is sold by the settlor or the trustee, the beneficiary of the specific distribution is entitled to receive:

(a) Any balance of the purchase price unpaid at the time set in the trust instrument for the specific distribution, including any security interest in the property and interest accruing before the time set in the trust instrument for the specific distribution; and

(b) An amount equal to all payments paid to the settlor or the trustee for the property during the six-month period immediately preceding the time set in the trust instrument for the specific distribution. Acceptance of a promissory note of the purchaser or a third party is not considered payment under this paragraph, but payment on the note is payment on the purchase price.

(5) If property that is the subject of a specific distribution is taken by condemnation before the time set in the trust instrument for the specific distribution, the beneficiary of the specific distribution is entitled to receive:

(a) Any amount of the condemnation award unpaid at the time set in the trust instrument for the specific distribution; and

(b) An amount equal to the sums paid under the condemnation award to the settlor or the trustee during the six-month period immediately preceding the time set in the trust instrument for the specific distribution.

(6) If securities as defined in ORS 59.015 (Definitions for Oregon Securities Law) are the subject of a specific distribution, and after the execution of the trust instrument other securities of the same or another entity are distributed to the trustee or trust estate by reason of a partial liquidation, stock dividend, stock split, merger, consolidation, reorganization, recapitalization, redemption, exchange or any other similar transaction, the specific distribution includes the additional or substituted securities.

(7) The amount that a beneficiary of a specific distribution receives under this section must be reduced by any expenses of the sale or of the collection of the proceeds of insurance, sale or condemnation award and by any amount by which income is increased by reasons of items provided for in this section. Expenses subject to this subsection include attorney fees. [Formerly 128.390]

Source: Section 130.560 — Failure of specific distribution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 129.225 — OR Code / Title 13 / Chapter 129 / Section 129.225
129.225 Conversion to unitrust
Status: in_force

(1) As used in this section, “beneficiary” means a person who has an interest in the trust to be converted and who has the legal capacity to take all actions authorized under this section.

(2) Intentionally left blank —Ed.

(a) Unless expressly prohibited by the terms of the trust, a trustee may release the power to make adjustments under ORS 129.215 (UPIA 104. Trustee’s power to adjust) (1) and convert a trust into a unitrust if the trustee determines that the conversion will enable the trustee to carry out more accurately the intent of the settlor and the purposes of the trust and that operation of the trust as a unitrust is consistent with the duties of the trustee under ORS 129.210 (UPIA 103. Fiduciary duties) (2).

(b) Not less than 60 days before making a conversion under this section, a trustee must give written notice to all beneficiaries who either are eligible to receive income from the trust at the time the notice is given, or who would receive a distribution of principal if the trust were to terminate immediately before the notice is given and no power of appointment was exercised. The notice must indicate that the trustee intends to release the power to adjust and to convert the trust into a unitrust, must describe how the unitrust will operate and must include a description of the initial decisions the trustee will make under this section.

(c) A trustee may not convert a trust to a unitrust under this section if any beneficiary objects to the conversion to a unitrust in a writing delivered to the trustee within 60 days after notice is given under this subsection.

(3) The trustee or any beneficiary may file a petition to seek issuance of a court order directing conversion of a trust to a unitrust. The court shall order the requested conversion if the court concludes that the conversion will enable the trustee to carry out more accurately the intent of the settlor and the purposes of the trust, and that operation of the trust as a unitrust is consistent with the duties of the trustee under ORS 129.210 (UPIA 103. Fiduciary duties) (2).

(4) After a trust is converted to a unitrust under this section, all of the following apply:

(a) The trustee must invest and manage trust assets as a prudent investor, and must follow an investment policy seeking a total return for trust investments, whether that return is derived from appreciation of principal or from earnings and distributions from principal.

(b) The trustee must make regular distributions in accordance with the terms of the trust. All provisions of the trust relating to distribution of income shall be construed to refer to an annual unitrust distribution equal to four percent of the fair market value of trust assets, averaged over the lesser of the three preceding calendar years or the period during which the trust has been in existence.

(c) In calculating the unitrust distribution, the trustee shall use the value of trust assets on the first business day of each calendar year for purposes of determining average value. The trustee may, in the trustee’s discretion, determine the manner in which the unitrust distribution will be prorated for a year in which a beneficiary’s right to payments begins or ends, the effect on trust asset valuation of other payments from or contributions to the trust, whether to estimate the value of nonliquid assets, whether to omit from the calculations trust property occupied or possessed by a beneficiary and any other matters necessary for the proper administration of the unitrust.

(d) Expenses that would be deducted from income under this chapter if the trust was not a unitrust shall not be deducted from the unitrust distribution.

(e) Unless otherwise provided by the terms of the trust, the unitrust distribution must be paid first from net income, as that amount would be determined if the trust were not a unitrust. To the extent that net income is insufficient, the unitrust distribution shall be paid first from net realized short-term capital gains, then from net realized long-term capital gains and finally from trust principal.

(f) Conversion to a unitrust does not affect any provision in the terms of the trust directing or authorizing a trustee to distribute trust principal or authorizing a beneficiary to withdraw a portion or all of the principal.

(5) The trustee or any beneficiary may file a petition to seek issuance of a court order directing any of the following:

(a) The distribution of net income, as that amount would be determined if the trust were not a unitrust, in excess of the unitrust distribution, if the excess distribution is necessary to preserve a tax benefit.

(b) The selection of a period other than three years for purposes of calculating average trust asset values.

(c) Reconversion from a unitrust. If a reconversion is ordered, the power to make adjustments under ORS 129.215 (UPIA 104. Trustee’s power to adjust) (1) is revived.

(6) A trustee does not have and may not exercise any power under this section in any of the following circumstances:

(a) The unitrust distribution would be made from any amount that is permanently set aside for charitable purposes under the terms of the trust and for which a charitable deduction from federal gift, estate or income taxes has been taken.

(b) The possession or exercise of the power would cause an individual to be treated as the owner of all or part of the trust for federal income tax purposes and the individual would not be treated as an owner if the trustee did not possess or exercise the power.

(c) The possession or exercise of the power would cause all or any part of the trust assets to be subject to any federal gift or estate tax with respect to an individual and the trust assets would not be subject to that taxation if the trustee did not possess or exercise the power.

(d) The possession or exercise of the power would result in the disallowance of a marital deduction from federal estate or gift tax that would be allowed if the trustee did not possess or exercise the power.

(e) The trustee is a beneficiary of the trust.

(7) If subsection (6) of this section applies to a trustee and there is more than one trustee, a cotrustee to whom subsection (6) of this section does not apply may possess and exercise the powers under this section unless the possession or exercise of those powers is not permitted by the terms of the trust. If subsection (6) of this section restricts all trustees from possessing or exercising a power under this section, a trustee may file a petition requesting that the court order the requested action. [2003 c.279 §4b; 2005 c.348 §120]

DECEDENT’S ESTATE OR TERMINATING INCOME INTEREST

Source: Section 129.225 — Conversion to unitrust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 125.730 — OR Code / Title 13 / Chapter 125 / Section 125.730
125.730 Fees prohibited
Status: in_force

(1) No fee shall be charged or received by any court having probate jurisdiction for the filing of any petition asking for the appointment of the county public guardian and conservator as the guardian or conservator or for any official service performed by that court in the course of the guardianship or conservatorship proceedings.

(2) No fee shall be charged or received by any court having probate jurisdiction for the filing of any petition asking for the appointment of a guardian for a vulnerable youth or for any official service performed by that court in the course of the guardianship. [Formerly 126.965; 2014 c.117 §19; 2021 c.399 §14]

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

(Article 1 - General Provisions)

Source: Section 125.730 — Fees prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.480 — OR Code / Title 13 / Chapter 125 / Section 125.480
125.480 Approval of accounting
Status: in_force

Subject to appeal or vacation within the time allowed by law, an order, made upon notice and hearing, allowing an intermediate accounting of a conservator, is final as to the liabilities of the conservator concerning the matters considered in connection with the intermediate accounting. An order, made upon notice and hearing, allowing a final accounting is final as to all previously unsettled liabilities of the conservator to the protected person or successors relating to the conservatorship. [1995 c.664 §50]

Source: Section 125.480 — Approval of accounting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.830 — OR Code / Title 13 / Chapter 130 / Section 130.830
130.830 UTC 1007. Event affecting administration or distribution
Status: in_force

A trustee is not liable for failing to determine whether a marriage, a divorce, a death, the performance of educational requirements or another event affecting the administration or distribution of a trust has occurred if the trustee has exercised reasonable care in attempting to determine whether the event has occurred. [2005 c.348 §89]

Source: Section 130.830 — UTC 1007. Event affecting administration or distribution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.550 — OR Code / Title 13 / Chapter 130 / Section 130.550
130.550 When trust assets pass to descendants of beneficiary
Status: in_force

Unless otherwise provided by the terms of the trust instrument, when property is to be distributed under the trust to any beneficiary who is related by blood or adoption to the settlor, and the beneficiary dies leaving lineal descendants either before the settlor dies or before the time set in the trust instrument for distribution, the descendants take by right of representation the property the beneficiary would have taken if the beneficiary had not died. Unless otherwise provided by the terms of the trust instrument, this section applies to a beneficiary who is entitled to receive property under a class gift if the beneficiary dies after the trust instrument is executed. [Formerly 128.385]

Source: Section 130.550 — When trust assets pass to descendants of beneficiary; class gifts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.663 — OR Code / Title 13 / Chapter 127 / Section 127.663
127.663 Definitions for ORS 127.663 to 127.684
Status: in_force

As used in ORS 127.663 (Definitions for ORS 127.663 to 127.684) to 127.684 (Short title) :

(1) “Authorized user” means a person authorized by the Oregon Health Authority to provide information to or receive information from the POLST registry.

(2) “Life-sustaining treatment” means any medical procedure, pharmaceutical, medical device or medical intervention that maintains life by sustaining, restoring or supplanting a vital function. “Life-sustaining treatment” does not include routine care necessary to sustain patient cleanliness and comfort.

(3) “Naturopathic physician” has the meaning given the term in ORS 685.010 (Definitions) .

(4) “Nurse practitioner” has the meaning given that term in ORS 678.010 (Definitions for ORS 678.010 to 678.410) .

(5) “Physician” has the meaning given that term in ORS 677.010 (Definitions for chapter) .

(6) “Physician assistant” has the meaning given that term in ORS 677.495 (Definitions for ORS 677.495 to 677.535) .

(7) “POLST” means a physician order for life-sustaining treatment signed by a physician, naturopathic physician, nurse practitioner or physician assistant.

(8) “POLST registry” means the registry established in ORS 127.666 (Establishment of registry) . [2009 c.595 §1182; 2017 c.356 §13]

Source: Section 127.663 — Definitions for ORS 127.663 to 127.684 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 127.560 — OR Code / Title 13 / Chapter 127 / Section 127.560
127.560 Provisions not exclusive
Status: in_force

(1) Except as otherwise specifically provided, ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) do not impair or supersede the laws of this state relating to:

(a) Any requirement of notice to others of proposed health care;

(b) The standard of care required of a health care provider in the administration of health care;

(c) Whether consent is required for health care;

(d) The elements of informed consent for health care under ORS 677.097 (Procedure to obtain informed consent of patient) or other law;

(e) The provision of health care in an emergency;

(f) Any right a capable person may have to consent or withhold consent to health care administered in good faith pursuant to religious tenets of the individual requiring health care;

(g) Delegation of authority by a health care representative;

(h) Any legal right or responsibility any person may have to effect the withholding or withdrawal of life-sustaining procedures including artificially administered nutrition and hydration in any lawful manner;

(i) Guardianship or conservatorship proceedings; or

(j) Any right persons may otherwise have to make their own health care decisions, or to make health care decisions for another.

(2) The provisions of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) do not in themselves impose civil or criminal liability on a health care representative or health care provider who withholds or withdraws or directs the withholding or withdrawal of life-sustaining procedures or artificially administered nutrition and hydration when a principal is in a health condition other than those conditions described in ORS 127.540 (Limitations on authority of health care representative) (5)(b), 127.580 (Presumption of consent to artificially administered nutrition and hydration) or 127.635 (Withdrawal of life-sustaining procedures) (1). The provisions of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) do not abolish or limit the civil or criminal liability of a health care representative under other statutory or common law if the health care representative withholds or withdraws or directs the withholding or withdrawal of life-sustaining procedures or artificially administered nutrition and hydration when a principal is in a health condition other than those conditions described in ORS 127.540 (Limitations on authority of health care representative) (5)(b), 127.580 (Presumption of consent to artificially administered nutrition and hydration) or 127.635 (Withdrawal of life-sustaining procedures) (1). [1989 c.914 §11; 1993 c.767 §15; 2011 c.149 §2]

Source: Section 127.560 — Provisions not exclusive; effect of provisions on civil and criminal liability of health care representative and provider , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 127.890 — OR Code / Title 13 / Chapter 127 / Section 127.890
127.890 §4.02. Liabilities
Status: in_force

(1) A person who without authorization of the patient willfully alters or forges a request for medication or conceals or destroys a rescission of that request with the intent or effect of causing the patient’s death shall be guilty of a Class A felony.

(2) A person who coerces or exerts undue influence on a patient to request medication for the purpose of ending the patient’s life, or to destroy a rescission of such a request, shall be guilty of a Class A felony.

(3) Nothing in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) limits further liability for civil damages resulting from other negligent conduct or intentional misconduct by any person.

(4) The penalties in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) do not preclude criminal penalties applicable under other law for conduct which is inconsistent with the provisions of ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) . [1995 c.3 §4.02]

Source: Section 127.890 — §4.02. Liabilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 126.819 — OR Code / Title 13 / Chapter 126 / Section 126.819
126.819 Irrevocable transfer by personal representative or trustee to custodian
Status: in_force

(1) A personal representative or trustee may make an irrevocable transfer pursuant to ORS 126.832 (Creation and transfer of custodial property) to a custodian for the benefit of a beneficiary as authorized in the governing will or trust.

(2) If the testator or settlor has nominated a custodian under ORS 126.812 (Nomination of custodian) to receive the custodial property, the transfer must be made to that person.

(3) If the testator or settlor has not nominated a custodian under ORS 126.812 (Nomination of custodian) , or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under ORS 126.832 (Creation and transfer of custodial property) . [1985 c.665 §6; 2005 c.349 §5]

Source: Section 126.819 — Irrevocable transfer by personal representative or trustee to custodian , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 130.320 — OR Code / Title 13 / Chapter 130 / Section 130.320
130.320 UTC 506. Overdue distribution
Status: in_force

Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date. [2005 c.348 §43]

Source: Section 130.320 — UTC 506. Overdue distribution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 129.215 — OR Code / Title 13 / Chapter 129 / Section 129.215
129.215 UPIA 104. Trustee’s power to adjust
Status: in_force

(1) A trustee may adjust between principal and income to the extent the trustee considers necessary if the trustee invests and manages trust assets as a prudent investor, the terms of the trust describe the amount that may or must be distributed to a beneficiary by referring to the trust’s income and the trustee determines, after applying the rules in ORS 129.210 (UPIA 103. Fiduciary duties) (1), that the trustee is unable to comply with ORS 129.210 (UPIA 103. Fiduciary duties) (2).

(2) In deciding whether and to what extent to exercise the power conferred by subsection (1) of this section, a trustee shall consider all factors relevant to the trust and its beneficiaries, including the following factors to the extent they are relevant:

(a) The nature, purpose and expected duration of the trust;

(b) The intent of the settlor;

(c) The identity and circumstances of the beneficiaries;

(d) The needs for liquidity, regularity of income and preservation and appreciation of capital;

(e) The assets held in the trust, the extent to which they consist of financial assets, interests in closely held enterprises, tangible and intangible personal property or real property, the extent to which an asset is used by a beneficiary and whether an asset was purchased by the trustee or received from the settlor;

(f) The net amount allocated to income under the other sections of this chapter and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available;

(g) Whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income or prohibit the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income;

(h) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation; and

(i) The anticipated tax consequences of an adjustment.

(3) A trustee may not make an adjustment:

(a) That diminishes the income interest in a trust that requires all of the income to be paid at least annually to a spouse and for which an estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did not have the power to make the adjustment;

(b) That reduces the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion;

(c) That changes the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets;

(d) From any amount that is permanently set aside for charitable purposes under a will or the terms of a trust unless both income and principal are so set aside;

(e) If possessing or exercising the power to make an adjustment causes an individual to be treated as the owner of all or part of the trust for income tax purposes and the individual would not be treated as the owner if the trustee did not possess the power to make an adjustment;

(f) If possessing or exercising the power to make an adjustment causes all or part of the trust assets to be included for estate tax purposes in the estate of an individual who has the power to remove a trustee or appoint a trustee, or both, and the assets would not be included in the estate of the individual if the trustee did not possess the power to make an adjustment;

(g) If the trustee is a beneficiary of the trust; or

(h) If the power to make adjustments has been released upon conversion of the trust to a unitrust under ORS 129.225 (Conversion to unitrust) .

(4) If subsection (3)(e), (f), (g) or (h) of this section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is not permitted by the terms of the trust.

(5) A trustee may release the entire power conferred by subsection (1) of this section or may release only the power to adjust from income to principal or the power to adjust from principal to income if the trustee is uncertain about whether possessing or exercising the power will cause a result described in subsection (3)(a) to (f) of this section or subsection (3)(h) of this section, or if the trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (3) of this section. The release may be permanent or for a specified period, including a period measured by the life of an individual.

(6) Terms of a trust that limit the power of a trustee to make an adjustment between principal and income do not affect the application of this section unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power of adjustment conferred by subsection (1) of this section. [2003 c.279 §4]

Source: Section 129.215 — UPIA 104. Trustee’s power to adjust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 128.599 — OR Code / Title 13 / Chapter 128 / Section 128.599
128.599 Reinstatement of business trust following inactivation
Status: in_force

(1) A business trust that the Secretary of State inactivated under ORS 128.597 (Inactivation of business trust) may apply to the Secretary of State for reinstatement within five years from the date of inactivation. The application must state:

(a) The name of the business trust and effective date of the business trust’s administrative inactivation; and

(b) That the ground or grounds for inactivation either did not exist or have been eliminated.

(2) If the Secretary of State determines that the application contains the information required by subsection (1) of this section, that the information is correct and that the business trust’s name satisfies the requirements of ORS 60.094 (Corporate name) , the Secretary of State shall reinstate the business trust.

(3) When effective, the reinstatement relates back to and takes effect as of the effective date of the administrative inactivation and the business trust is considered to resume carrying on the business trust’s business as if the administrative inactivation had never occurred.

(4) The Secretary of State may waive the requirement under subsection (1) of this section that the business trust apply for reinstatement within five years after the date of administrative inactivation if the business trust requests the waiver and provides evidence of the business trust’s continued existence as an active concern during the period of administrative inactivation. [1995 c.215 §28; 2011 c.147 §26]

Source: Section 128.599 — Reinstatement of business trust following inactivation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 127.805 — OR Code / Title 13 / Chapter 127 / Section 127.805
127.805 §2.01. Who may initiate a written request for medication
Status: in_force

(1) An adult who is capable and has been determined by the attending physician and consulting physician to be suffering from a terminal disease, and who has voluntarily expressed his or her wish to die, may make a written request for medication for the purpose of ending his or her life in a humane and dignified manner in accordance with ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) .

(2) No person shall qualify under the provisions of ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) solely because of age or disability. [1995 c.3 §2.01; 1999 c.423 §2; 2023 c.241 §2]

Source: Section 127.805 — §2.01. Who may initiate a written request for medication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.860 — OR Code / Title 13 / Chapter 130 / Section 130.860
130.860 UTC 1013. Certification of trust
Status: in_force

(1) A person who is not a beneficiary and who proposes to deal with the trustee of a trust may require that all trustees execute and furnish to the person a certification of trust.

(2) The certification of trust shall contain the following information:

(a) That the trust exists and the date the trust instrument was executed;

(b) The identity of the settlor;

(c) The identity and address of the currently acting trustee;

(d) The powers of the trustee;

(e) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;

(f) The existence or nonexistence of any power to modify or amend the trust and the identity of any person holding a power to modify or amend the trust;

(g) The authority of cotrustees to sign or otherwise authenticate and whether all cotrustees or fewer than all are required in order to exercise powers of the trustee;

(h) The last four digits of the settlor’s Social Security number, or the trust’s employer identification number;

(i) The manner of taking title to trust property; and

(j) The state, country or other jurisdiction under the laws of which the trust was established.

(3) A certification of trust must be signed or otherwise authenticated by all the trustees.

(4) A certification of trust must state that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

(5) A certification of trust need not contain the dispositive terms of a trust.

(6) A recipient of a certification of trust may not require the trustee to furnish the entire trust instrument, but may require the trustee to furnish copies of excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction.

(7) A person may require that the certification of trust:

(a) Include facts other than those listed in this section that are reasonably related to the administration of the trust;

(b) Be executed by one or more of the settlors;

(c) Be executed by one or more of the beneficiaries if the certification is reasonably related to a pending or contemplated transaction with the person; and

(d) Be adapted to the person’s own standard form, which may be incorporated in an account signature agreement or other account document.

(8) A certification of trust may contain the identity of any successor trustee or trustees and the circumstances under which any successor trustee or trustees will assume trust powers.

(9) Intentionally left blank —Ed.

(a) A person who acts in reliance upon a certification of trust without actual knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. A person does not have actual knowledge that the representations contained in the certification are incorrect solely by reason of having a copy of all or part of the trust instrument.

(b) Any transaction, and any lien created by that transaction, is enforceable against a trust if the transaction is entered into by a person acting in reliance on a certification of trust containing the information set forth in this section without actual knowledge that the representations contained in the certification are incorrect.

(c) If a person has actual knowledge that the trustee or trustees are acting outside the scope of the trust, and the actual knowledge was acquired by the person before entering into the transaction or making a binding commitment to do so, the transaction is not enforceable against the trust.

(10) A person is not liable for acting in reliance on a certification of trust solely because the certification fails to contain all the information required in this section.

(11) This section does not limit the rights of the beneficiaries of the trust against a trustee.

(12) A person’s failure to demand or refusal to accept and rely solely upon a certification of trust does not affect the protection provided the person by ORS 130.855 (UTC 1012. Protection of person dealing with trustee) , and no inference as to whether the person has acted in good faith may be drawn from the failure to demand or the refusal to accept and rely solely upon a certification.

(13) This section applies to all trusts, whether established under the laws of this state or under the law of another state, country or other jurisdiction. [2005 c.348 §95; 2009 c.363 §3]

Source: Section 130.860 — UTC 1013. Certification of trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.995 — OR Code / Title 13 / Chapter 128 / Section 128.995
128.995 Penalties for ORS 128.801 to 128.898
Status: in_force

Violation of ORS 128.802 (Registration of professional fund raising firms required) , 128.821 (Registration of commercial fund raising firms required) or filing or assisting in preparing or filing a statement or report required by ORS 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) that is false or fraudulent is a Class A misdemeanor. [1985 c.729 §24; 1991 c.532 §23]

Source: Section 128.995 — Penalties for ORS 128.801 to 128.898 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.400 — OR Code / Title 13 / Chapter 130 / Section 130.400
130.400 Allowance and disallowance of claims
Status: in_force

(1) The trustee may compromise a claim against the trust estate.

(2) A claim presented to a trustee under ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) shall be considered allowed as presented unless within 60 days after the date of presentment of the claim the trustee mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and to the attorney of the claimant if the claimant has an attorney.

(3) A notice of disallowance of a claim shall inform the claimant that the claim has been disallowed in whole or in part and, to the extent disallowed, will be barred unless the claimant requests a summary determination or brings an action in the manner provided by subsection (4) of this section.

(4) If a trustee disallows a claim submitted under ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) in whole or in part, the claimant, within 30 days after the date of mailing or delivery of the notice of disallowance, may:

(a) File a request for summary determination of the claim in the probate court, with proof of service of a copy of the request upon the trustee or the attorney of the trustee; or

(b) Commence a separate action against the trustee on the claim in the probate court.

(5) If the claimant fails either to request a summary determination or commence a separate action as provided in subsection (4) of this section, the claim is barred to the extent the claim has been disallowed by the trustee.

(6) If a claimant prevails in a proceeding or action under subsection (4) of this section, the claim shall be allowed or judgment entered in the full amount determined to be due to the claimant. The claim or judgment shall be paid from the assets of the trust estate only to the extent that funds are available after payment of other claims with higher priority under ORS 130.425 (Priority of claims) .

(7) If the claimant files a request for summary determination of a claim under subsection (4) of this section, the trustee may notify the claimant in writing that the claimant must commence a separate action against the trustee on the claim within 60 days after the claimant receives the notice. Notice under this subsection must be given by the trustee within 30 days after the request for summary determination is served on the trustee or the attorney of the trustee. If the claimant fails to commence a separate action within the time allowed, the claim is barred to the extent the claim has been disallowed by the trustee.

(8) In a proceeding for summary determination under this section:

(a) The trustee shall make response to the claim as though the claim were a complaint filed in an action.

(b) The court shall hear the matter without a jury, after notice to the claimant and trustee. The court shall determine the claim in a summary manner, and shall make an order allowing or disallowing the claim in whole or in part.

(c) No appeal may be taken from the order of the court made in a proceeding for summary determination under this section.

(9) If a civil action is commenced under subsection (4) of this section, a trustee, or beneficiary, may petition the court to approve a proposed disposition of claims or to provide instructions on the treatment of claims.

(10) A claimant filing a request for summary determination of a claim under subsection (4) of this section must pay the filing fee required of a defendant or respondent under ORS 21.135 (Standard filing fee) and other fees applicable to civil actions in circuit court. [Formerly 128.280; 2009 c.275 §15; 2010 c.107 §§46,47; 2011 c.595 §133]

Source: Section 130.400 — Allowance and disallowance of claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.823 — OR Code / Title 13 / Chapter 128 / Section 128.823
128.823 Designation of amount to be paid to beneficiaries
Status: in_force

(1) No person shall engage in commercial fund raising solicitations unless there is a designated amount to be paid to nonprofit beneficiaries. Where the nonprofit beneficiary is identified in the solicitation campaign, the amount shall be specified in a contract or letter of agreement with such a beneficiary. The amount shall be specified in terms of:

(a) An amount per unit of the goods or services to be purchased;

(b) A specified percentage of the gross funds solicited; or

(c) A good faith estimate of the gross funds solicited.

(2) Nonprofit beneficiaries shall receive no less than 90 percent of the designated estimate under subsection (1)(c) of this section. Any designated amount shall exclude any amount which the nonprofit beneficiary is to pay as expenses of the solicitation campaign, such as all costs of the goods or services sold or cost of fund raising events staged. [1991 c.532 §5]

Source: Section 128.823 — Designation of amount to be paid to beneficiaries; manner of specification; minimum amount payable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 127.678 — OR Code / Title 13 / Chapter 127 / Section 127.678
127.678 Confidentiality
Status: in_force

Except as provided in ORS 127.666 (Establishment of registry) , all information collected or developed by the POLST registry that identifies or could be used to identify a patient, health care provider or facility is confidential and is not subject to civil or administrative subpoena or to discovery in a civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding. [2009 c.595 §1188]

Source: Section 127.678 — Confidentiality , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.200 — OR Code / Title 13 / Chapter 125 / Section 125.200
125.200 Preferences in appointing fiduciary
Status: in_force

The court shall appoint the most suitable person who is willing to serve as fiduciary after giving consideration to the specific circumstances of the respondent, any stated desire of the respondent, the relationship by blood or marriage of the person nominated to be fiduciary to the respondent, any preference expressed by a parent of the respondent, the estate of the respondent and any impact on ease of administration that may result from the appointment. [1995 c.664 §19]

Source: Section 125.200 — Preferences in appointing fiduciary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.766 — OR Code / Title 13 / Chapter 128 / Section 128.766
128.766 Publication of disqualified organizations on Internet
Status: in_force

(1) When a disqualification order issued under ORS 128.760 (Issuance of disqualification order by Attorney General) to 128.769 (Rules) becomes effective, the Attorney General shall publish on the Internet and otherwise make publicly available information identifying the charitable organization named in the order, the date that the order became effective and the date that the information was published on the Internet.

(2) At least once every year the Attorney General shall file a written report with the Department of Revenue that:

(a) Identifies all charitable organizations that are subject to disqualification orders during the period covered by the report;

(b) The date the disqualification orders became effective;

(c) The date that information required by subsection (1) of this section was published on the Internet for each order; and

(d) The methods by which the public can obtain a listing of charitable organizations that are subject to disqualification orders. [2013 c.260 §4]

Source: Section 128.766 — Publication of disqualified organizations on Internet; report to Department of Revenue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.005 — OR Code / Title 13 / Chapter 130 / Section 130.005
130.005 UTC 102. Scope
Status: in_force

(1) Except as provided in subsection (2) of this section, this chapter applies to express trusts, whether charitable or noncharitable, and to trusts created pursuant to a statute or a judgment that requires that the trust be administered in the manner of an express trust.

(2) This chapter does not apply to:

(a) A trust that is part of an employee benefit arrangement or an individual retirement account.

(b) A trust account established under a qualified tuition savings program pursuant to ORS 178.300 (Definitions for ORS 178.300 to 178.360) to 178.360 (Consideration of amounts in accounts for higher education expenses in benefit eligibility determinations) .

(c) Trust accounts maintained on behalf of clients or customers by licensed service professionals, including trust accounts maintained by attorneys pursuant to rules of professional conduct adopted under ORS 9.490 (Formulation of rules of professional conduct) and by licensed real estate property managers or principal real estate brokers pursuant to ORS 696.241 (Clients’ trust accounts) .

(d) An endowment care fund established by a cemetery authority pursuant to ORS 97.810 (Endowment care and nonendowed care cemeteries) .

(e) Funds maintained by a public body, as defined in ORS 174.109 (“Public body” defined) , or other governmental entities.

(f) Trust funds held for a single business transaction or an escrow arrangement.

(g) Trusts created by a depository agreement with a financial institution.

(h) Trusts created by an account agreement with a regulated financial services entity.

(i) An account maintained under the Oregon Uniform Transfers to Minors Act as set forth in ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) .

(j) A fund maintained pursuant to court order in conjunction with a bankruptcy proceeding or business liquidation.

(k) A business trust as described in ORS 128.560 (“Business trust” described) .

(L) A voting trust as described in ORS 60.254 (Voting trusts) .

(m) Funds maintained to manage proceeds from class actions.

(n) A trust deed as defined in ORS 86.705 (Definitions for ORS 86.705 to 86.815) or any other trust created solely to secure the performance of an obligation.

(o) A trust established on behalf of a resident of a residential facility under ORS 443.880 (Responsibilities of residential facility regarding property of resident) .

(p) A trust managed by a nonprofit association for persons with disabilities under 42 U.S.C. 1396p(d)(4)(C), as in effect on January 1, 2006, and under the rules of the Department of Human Services.

(q) A resulting or constructive trust.

(r) A trust fund established for a purchaser who enters into a prearrangement sales contract, as defined in ORS 97.923 (Definitions for ORS 97.923 to 97.949) , or a preconstruction sales contract, as defined in ORS 97.923 (Definitions for ORS 97.923 to 97.949) . [2005 c.348 §2; 2007 c.70 §32; 2011 c.158 §5; 2011 c.712 §3]

Source: Section 130.005 — UTC 102. Scope , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.193 — OR Code / Title 13 / Chapter 130 / Section 130.193
130.193 Stewardship trust
Status: in_force

(1) A stewardship trust may be created under this section for a business purpose without a definite or definitely ascertainable beneficiary. The business purpose may seek economic and noneconomic benefits.

(2) A stewardship trust may hold an ownership interest of any corporation, partnership, limited partnership, cooperative, limited liability company, limited liability partnership or joint venture.

(3) A stewardship trust may be enforced by one or more trust enforcers appointed in the terms of the trust, and the terms of the trust may provide a process for appointing successor trust enforcers. If at any time no person is acting as trust enforcer, the court shall name one or more trust enforcers. Each trust enforcer shall enforce the purpose and the terms of the trust and shall exercise authority as a fiduciary. If more than one person is acting as a trust enforcer, action may be taken by a majority of the persons acting as trust enforcers. A trust enforcer is not a beneficiary of a trust created pursuant to this section, but a trust enforcer has the rights of a qualified beneficiary.

(4) A stewardship trust must have a trust stewardship committee with at least three persons as members. Each member of the trust stewardship committee shall exercise authority as a fiduciary. The terms of the trust may appoint the initial members of the trust stewardship committee and may provide a process for appointing successor members. A vacancy on the trust stewardship committee must be filled if the trust stewardship committee has fewer than three members.

(5) A vacancy on the trust stewardship committee that is required to be filled must be filled in the following order of priority:

(a) By a person designated in the terms of the trust or selected through a process provided in the terms of the trust;

(b) By a person appointed by unanimous agreement of the trust enforcers; or

(c) By a person appointed by the court.

(6) Unless the terms of the trust provide otherwise and except as provided in subsections (7)(d) and (11) of this section, the trust stewardship committee may take action by a majority vote of its members.

(7) Unless the terms of the trust provide otherwise, the trust stewardship committee has the power, in carrying out the purposes of the trust and after notice to the trust enforcers, to:

(a) Remove a trustee, with or without cause;

(b) Appoint one or more successor trustees or cotrustees;

(c) Remove a trust enforcer, with or without cause;

(d) Remove a member of the stewardship committee, by unanimous vote of all other members of the trust stewardship committee;

(e) Direct distributions from the trust; and

(f) Exercise all rights belonging to the trustee, including the right to vote stock owned by the trust.

(8) Unless the trust agreement provides otherwise, a member of the trust stewardship committee or a trust enforcer may resign:

(a) After at least 30 days’ notice to the trustee, all trust enforcers and all members of the trust stewardship committee; or

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

(9) The trust stewardship committee must send a report to the trustee and to the trust enforcers at least annually showing receipts and disbursements and listing trust property and liabilities. The trust stewardship committee shall keep the trustee and the trust enforcers reasonably informed about the administration of the trust and of the material facts necessary for the trustee to comply with the trustee’s duties under ORS 130.710 (UTC 813. Duty to inform and report) and for the trust enforcers to protect the purposes of the trust.

(10) A trustee of a stewardship trust shall act in accordance with a direction from the trust stewardship committee unless the action is manifestly contrary to the terms of the trust or the trustee knows that the action would constitute a serious breach of a fiduciary duty that the trust stewardship committee, the trust enforcer or the trustee owes to the trust. A trustee is liable only for willful misconduct and is not liable for reliance on documents provided by the trust stewardship committee or the trust enforcer.

(11) Unless the terms of the trust provide otherwise, the trust stewardship committee and the trust enforcers, acting together, may modify or terminate a stewardship trust by unanimous agreement of the members of the trust stewardship committee and unanimous agreement of the trust enforcers.

(12) Upon termination of a stewardship trust, the trustee shall distribute all remaining trust property as the terms of the trust provide, or if the terms of the trust do not provide for complete distribution of the property, as a court determines to be consistent with the purposes for which the trust was created.

(13) A person serving as a trustee may not serve as a trust enforcer or as a member of the trust stewardship committee, and a person serving as a trust enforcer may not serve as a member of the trust stewardship committee.

(14) A stewardship trust may be enforced for more than 90 years if the terms of the trust provide that the trust will be enforceable for a specific period not less than 90 years or in perpetuity.

(15) This section does not apply to trusts created pursuant to ORS 60.254 (Voting trusts) . [2019 c.162 §2]

Source: Section 130.193 — Stewardship trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.710 — OR Code / Title 13 / Chapter 127 / Section 127.710
127.710 Operation of declaration
Status: in_force

A declaration becomes operative when it is delivered to the principal’s physician or other provider and remains valid until revoked or expired. The physician or provider shall act in accordance with an operative declaration when the principal has been found to be incapable. The physician or provider shall continue to obtain the principal’s informed consent to all mental health treatment decisions if the principal is capable of providing informed consent or refusal. [1993 c.442 §5; 2014 c.45 §17]

Source: Section 127.710 — Operation of declaration; physician or provider to act in accordance with declaration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.420 — OR Code / Title 13 / Chapter 125 / Section 125.420
125.420 Power of conservator over property of protected person
Status: in_force

A conservator shall take possession of all the property of substantial value of the protected person, and of rents, income, issues and profits from those properties whether accruing before or after the appointment of the conservator. The conservator shall also take possession of all proceeds from the sale, mortgage, lease or other disposition of property of the protected person. The conservator may permit the protected person to retain possession and control of property and funds for living requirements as appropriate to the needs and capacities of the protected person. The title to all property of the protected person is in the protected person and not in the conservator. [1995 c.664 §38]

Source: Section 125.420 — Power of conservator over property of protected person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.876 — OR Code / Title 13 / Chapter 128 / Section 128.876
128.876 Rules
Status: in_force

The Attorney General shall make rules as to the filing and execution of reports and registration statements required by ORS 128.610 (Short title) to 128.650 (Register of charitable organizations) , 128.680 (Investigatory authority of Attorney General) , 128.710 (Enforcement) , 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) , 128.995 (Penalties for ORS 128.801 to 128.898) and 646.608 (Additional unlawful business, trade practices) and to the contents thereof. The Attorney General may make additional rules and amend existing rules as necessary for the proper administration of the Charitable Solicitations Act. [1985 c.729 §18; 2003 c.14 §46]

Source: Section 128.876 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.610 — OR Code / Title 13 / Chapter 125 / Section 125.610
125.610 Report of temporary fiduciary
Status: in_force

(1) A temporary fiduciary shall file a report with the court setting out all activities of the temporary fiduciary under the authority of the appointment. Except as provided in subsection (2) of this section, the report must be filed:

(a) When the temporary fiduciary completes the duties of the fiduciary;

(b) When the temporary appointment expires; or

(c) When the court orders the termination of the temporary fiduciary’s authority.

(2) If the person appointed as temporary fiduciary is appointed to act as a permanent fiduciary for the protected person, the report of the activities of the temporary fiduciary may be included in the first annual report of the guardian or in the first accounting of the conservator. [1995 c.664 §65]

Source: Section 125.610 — Report of temporary fiduciary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.095 — OR Code / Title 13 / Chapter 125 / Section 125.095
125.095 Fees, costs and disbursements payable in protective proceedings
Status: in_force

(1) Funds of a person subject to a protective proceeding may be used to pay reasonable fees, costs and disbursements to any visitor, attorney, physician, fiduciary or temporary fiduciary for services related to the protective proceeding or for services provided on behalf of a fiduciary, respondent, petitioner, cross-petitioner, objector or protected person.

(2) Prior court approval is required before the payment of fees from the funds of a person subject to a protective proceeding when the payment is to:

(a) A physician if the fees are incurred for services relating to proceedings arising out of the filing of an objection to a petition, cross-petition or motion.

(b) An appointed fiduciary, except that prior court approval is not required before payment of fees to a conservator if the conservator is a trust company that has complied with ORS 709.030 (Approval to transact trust business) , or if the conservator is the Department of Veterans’ Affairs.

(c) Any attorney who has provided services relating to a protective proceeding, including services provided in preparation or anticipation of the filing of a petition in a protective proceeding.

(3) Subject to ORS 125.495 (Payment of claims against estate or protected person) to 125.520 (Order of payment of expenses and claims) , prior court approval is not required before:

(a) Payment of attorney fees incurred prior to the filing of a petition in a protective proceeding for services unrelated to the protective proceeding; or

(b) Payment for services provided by an attorney who is hired as a mediator for mediation services related to a protective proceeding.

(4) A pleading that alleges a basis for payment of attorney fees is not required before payment of attorney fees is approved or made under this section.

(5) ORCP 68 does not apply to requests for approval and payment of attorney fees made under this chapter. [1995 c.664 §15; 1997 c.631 §409; 2005 c.625 §65; 2013 c.99 §1]

Source: Section 125.095 — Fees, costs and disbursements payable in protective proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.580 — OR Code / Title 13 / Chapter 128 / Section 128.580
128.580 Business trusts subject to certain corporate laws
Status: in_force

Any business trust shall be subject to such provisions of law, now or hereafter enacted, with respect to domestic and foreign corporations, respectively, as relate to the issuance of securities, filing of required statements or reports, service of process, general grants of power to act, right to sue and be sued, limitation of individual liability of shareholders and rights to acquire, mortgage, sell, lease, operate and otherwise to deal in real and personal property. Except as otherwise provided in its trust agreement or declaration of trust, or any amendments thereto, any business trust shall also be subject to the other provisions of ORS chapter 60 and other rights and duties existing under the common law and statutes of this state applicable to domestic and foreign corporations. Title to any real or personal property may be held in the name of the trust, one or more of the trustees or any other person as nominee. [1971 c.491 §5; 1973 c.367 §13; 1979 c.208 §6; 1987 c.94 §99]

Source: Section 128.580 — Business trusts subject to certain corporate laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 124.110 — OR Code / Title 13 / Chapter 124 / Section 124.110
124.110 Financial abuse subject to action
Status: in_force

(1) An action may be brought under ORS 124.100 (Definitions for ORS 124.100 to 124.140) for financial abuse in the following circumstances:

(a) When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property has a fiduciary relationship with the vulnerable person.

(b) When a vulnerable person requests that another person transfer to the vulnerable person any money or property that the other person holds or controls and that belongs to or is held in express trust, constructive trust or resulting trust for the vulnerable person, and the other person, without good cause, either continues to hold the money or property or fails to take reasonable steps to make the money or property readily available to the vulnerable person when:

(A) The ownership or control of the money or property was acquired in whole or in part by the other person or someone acting in concert with the other person from the vulnerable person; and

(B) The other person acts in bad faith, or knew or should have known of the right of the vulnerable person to have the money or property transferred as requested or otherwise made available to the vulnerable person.

(c) When a person has at any time engaged in conduct constituting a violation of a restraining order regarding sweepstakes that was issued under ORS 124.020 (Ex parte hearing) .

(2) A transfer of money or property that is made for the purpose of qualifying a vulnerable person for Medicaid benefits or for any other state or federal assistance program, or the holding and exercise of control over money or property after such a transfer, does not constitute a wrongful taking or appropriation under subsection (1)(a) of this section or the holding of money or property without good cause for the purposes of subsection (1)(b) of this section. [1995 c.671 §3; 1999 c.305 §2; 1999 c.875 §8; 2005 c.386 §3]

Source: Section 124.110 — Financial abuse subject to action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 125.445 — OR Code / Title 13 / Chapter 125 / Section 125.445
125.445 Acts authorized to be performed without prior court approval
Status: in_force

A conservator may perform the following acts without prior court authorization or confirmation if the conservator is acting reasonably to accomplish the purposes for which the conservator was appointed:

(1) Collect, hold and retain assets of the estate including land wherever situated, until, in the judgment of the conservator, disposition of the assets should be made. Assets of the estate may be retained even though those assets include property in which the conservator is personally interested.

(2) Receive additions to the estate.

(3) Continue or participate in the operation of any business or other enterprise.

(4) Acquire an undivided interest in an estate asset in which the conservator, in any fiduciary capacity, holds an undivided interest.

(5) Invest and reinvest estate assets and funds in the same manner as a trustee may invest and reinvest.

(6) Deposit estate funds in a bank including a bank operated by the conservator.

(7) Except as limited in ORS 125.430 (Sale of protected person’s residence) , acquire or dispose of an estate asset including real property wherever situated for cash or on credit, at public or private sale.

(8) Manage, develop, improve, exchange, partition, change the character of or abandon an estate asset in connection with the exercise of any power vested in the conservator.

(9) Make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, or raze existing or erect new party walls or buildings.

(10) Subdivide, develop or dedicate land to public use, make or obtain the vacation of plats and adjust boundaries, adjust differences in valuation on exchange or partition by giving or receiving considerations, and dedicate easements to public use without consideration.

(11) Enter for any purpose into a lease as lessor or lessee with or without option to purchase or renew for a term within or extending beyond the term of the conservatorship.

(12) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.

(13) Grant an option involving disposition of an estate asset or take an option for acquisition of any asset.

(14) Vote a security, in person or by general or limited proxy.

(15) Pay calls, assessments and any other sums chargeable or accruing against or on account of securities.

(16) Sell or exercise stock subscription or conversion rights, or consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprise.

(17) Hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery. The conservator is liable for any act of the nominee in connection with the stock so held.

(18) Insure the assets of the estate against damage or loss, and the conservator against liability with respect to third persons.

(19) Borrow money to be repaid from estate assets or otherwise and mortgage or pledge property of the protected person as security therefor.

(20) Advance money for the protection of the estate or the protected person, and for all expenses, losses and liability sustained in the administration of the estate or because of the holding or ownership of any estate assets. The conservator has a lien on the estate as against the protected person for advances so made.

(21) Pay or contest any claim, settle a claim by or against the estate or the protected person by compromise, arbitration or otherwise, and release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible.

(22) Pay taxes, assessments, compensation of the conservator and other expenses incurred in the collection, care, administration and protection of the estate.

(23) Allocate items of income or expense to either income or principal, including creation of reserves out of income for depreciation, obsolescence or amortization, or for depletion in mineral or timber properties.

(24) Pay any sum distributable to a protected person or a dependent of a protected person by paying the sum to the protected person or the dependent, or by paying the sum either to a guardian, custodian under ORS 126.700 (Payment or delivery for benefit of minor) , or conservator of the protected person or, if none, to a relative or other person with custody of the protected person.

(25) Employ persons, including attorneys, auditors, investment advisers or agents, even though they are associated with the conservator, to advise or assist the conservator in the performance of administrative duties, acting upon their recommendation without independent investigation, and instead of acting personally, employing one or more agents to perform any act of administration, whether or not discretionary, except that payment to the conservator’s attorney of record is subject to the provisions of ORS 125.095 (Fees, costs and disbursements payable in protective proceedings) .

(26) Prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of estate assets and of the conservator in the performance of duties.

(27) Prosecute claims of the protected person including those for the personal injury of the protected person.

(28) Execute and deliver all instruments that will accomplish or facilitate the exercise of the powers vested in the conservator. [1995 c.664 §43]

Source: Section 125.445 — Acts authorized to be performed without prior court approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.580 — OR Code / Title 13 / Chapter 127 / Section 127.580
127.580 Presumption of consent to artificially administered nutrition and hydration
Status: in_force

(1) It shall be presumed that every person who is temporarily or permanently incapable has consented to artificially administered nutrition and hydration, other than hyperalimentation, that are necessary to sustain life except in one or more of the following circumstances:

(a) The person while a capable adult clearly and specifically stated that the person would have refused artificially administered nutrition and hydration.

(b) Administration of such nutrition and hydration is not medically feasible or would itself cause severe, intractable or long-lasting pain.

(c) The person has an appointed health care representative who has been given authority to make decisions on the use, maintenance, withholding or withdrawing of artificially administered nutrition and hydration.

(d) The person does not have an appointed health care representative or an advance directive that clearly states that the person did not want artificially administered nutrition and hydration, and the person is permanently unconscious.

(e) The person does not have an appointed health care representative or an advance directive that clearly states that the person did not want artificially administered nutrition and hydration, the person is incapable, and the person has a terminal condition.

(f) The person has a progressive illness that will be fatal and is in an advanced stage, the person is consistently and permanently unable to communicate by any means, swallow food and water safely, care for the person’s self and recognize the person’s family and other people, and it is very unlikely that the person’s condition will substantially improve.

(2) If a person does not have an appointed health care representative or an advance directive that clearly states that the person did not want artificially administered nutrition and hydration, but the presumption established by this section has been overcome under the provisions of subsection (1)(a), (b), (d), (e) or (f) of this section, artificially administered nutrition and hydration may be withheld or withdrawn under the provisions of ORS 127.635 (Withdrawal of life-sustaining procedures) (2), (3) and (4).

(3) The medical conditions specified in subsection (1)(b), (d), (e) and (f) of this section must be medically confirmed to overcome the presumption established by subsection (1) of this section. [1989 c.914 §16; 1993 c.767 §18a]

Source: Section 127.580 — Presumption of consent to artificially administered nutrition and hydration; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.225 — OR Code / Title 13 / Chapter 130 / Section 130.225
130.225 UTC 416. Modification to achieve settlor’s tax objectives
Status: in_force

The court may modify the terms of a trust to achieve the settlor’s tax objectives if the modification is not contrary to the settlor’s probable intention. The court may provide that the modification has retroactive effect. [2005 c.348 §36]

Source: Section 130.225 — UTC 416. Modification to achieve settlor’s tax objectives , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.510 — OR Code / Title 13 / Chapter 128 / Section 128.510
128.510 Definitions for ORS 128.520
Status: in_force

As used in ORS 128.520 (Employees’ trust may be in perpetuity) , “employees’ trust” means a trust of real or personal property forming part of a pension, profit sharing, stock bonus, annuity, disability or death benefit plan of an employer or group of employers for the benefit of the employees of the employer or group of employers, to which contributions are made by such employers or employees, or both, for the purpose of distributing income or principal, or both, to such employees or the beneficiaries of such employees. [1955 c.586 §1]

Source: Section 128.510 — Definitions for ORS 128.520 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.842 — OR Code / Title 13 / Chapter 125 / Section 125.842
125.842 Registration of guardianship orders
Status: in_force

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office. The person registering the order, and any other person making an appearance in the proceeding, must pay the filing fee established under ORS 21.145 (Simple proceeding filing fee) . [2009 c.179 §18; 2011 c.595 §36]

Note: See note under 125.800 (Short title) .

Source: Section 125.842 — Registration of guardianship orders; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.720 — OR Code / Title 13 / Chapter 130 / Section 130.720
130.720 UTC 815. General powers of trustee
Status: in_force

(1) A trustee, without authorization by the court, may exercise powers conferred by the terms of the trust and, except as limited by the terms of the trust:

(a) All powers over the trust property that an unmarried financially capable owner has over individually owned property;

(b) Any other powers appropriate to achieve the proper investment, management and distribution of the trust property; and

(c) Any other powers conferred by this chapter.

(2) The exercise of a power is subject to the fiduciary duties prescribed by ORS 130.650 (UTC 801. Duty to administer trust) to 130.730 (UTC 817. When interest of beneficiary vests) . [2005 c.348 §74]

Source: Section 130.720 — UTC 815. General powers of trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.630 — OR Code / Title 13 / Chapter 130 / Section 130.630
130.630 UTC 707. Delivery of property by former trustee
Status: in_force

(1) Unless a cotrustee remains in office or the court otherwise orders, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property until the trust property is delivered to a successor trustee or other person who is entitled to the property.

(2) A trustee who has resigned or been removed shall proceed expeditiously to deliver any trust property in the trustee’s possession to the cotrustee, successor trustee or other person who is entitled to the property.

(3) A successor trustee or the court may require a trustee that has resigned or been removed to send a report as provided in ORS 130.710 (UTC 813. Duty to inform and report) (3). Reasonable compensation for preparation of the report, and reasonable fees and costs incurred in the preparation and distribution of the report, shall be paid by the trust. [2005 c.348 §56; 2013 c.529 §15]

Source: Section 130.630 — UTC 707. Delivery of property by former trustee; report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 129.305 — OR Code / Title 13 / Chapter 129 / Section 129.305
129.305 UPIA 402. Distribution from trust or estate
Status: in_force

A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest, and shall allocate to principal an amount received as a distribution of principal from such a trust or estate. If a trustee purchases an interest in a trust that is an investment entity, or a decedent or donor transfers an interest in such a trust to a trustee, ORS 129.300 (UPIA 401. Character of receipts) or 129.385 (UPIA 415. Asset-backed securities) applies to a receipt from the trust. [2003 c.279 §11]

Source: Section 129.305 — UPIA 402. Distribution from trust or estate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 125.080 — OR Code / Title 13 / Chapter 125 / Section 125.080
125.080 Hearing
Status: in_force

(1) The court may require that a hearing be held on any petition or motion in a protective proceeding.

(2) A hearing must be held on a petition or motion if the respondent or protected person makes or files an objection to the petition or motion and the objection is not withdrawn before the time scheduled for the hearing.

(3) A hearing must be held on a motion to modify a guardian’s powers under ORS 125.323 (Limits on association) .

(4) The respondent or protected person may appear at a hearing in person or by counsel.

(5) If the hearing is regarding a petition for appointment of a guardian for a vulnerable youth or a petition involving a vulnerable youth guardianship, the court:

(a) May allow the respondent or protected person, proposed guardian, guardian or any other witness to appear by telephone, video or other remote technology;

(b) Intentionally left blank —Ed.

(A) May take testimony from or confer with the respondent or protected person and may exclude from the conference others if the court finds that doing so would be in the best interests of the respondent or protected person; and

(B) Notwithstanding subparagraph (A) of this paragraph, shall permit any attorney for the respondent or protected person to attend the conference and the conference must be reported;

(c) May not inquire into the nationality or current immigration status of the proposed guardian, guardian or any other witness; and

(d) May not inquire about any prior immigration status of the respondent or protected person or about the manner or place in which the respondent or protected person entered the United States of America.

(6) Intentionally left blank —Ed.

(a) If the court requires that a hearing be held or a hearing is otherwise required under this section, the court shall appoint counsel for the respondent or protected person when:

(A) The respondent or protected person requests that counsel be appointed;

(B) An objection is made or filed to the petition or motion by any person;

(C) The court has appointed a visitor under ORS 125.150 (Appointment of visitors) , 125.160 (Subsequent appointment of visitor) or 125.605 (Procedure for appointment of temporary fiduciary) , and the visitor recommends appointment of counsel for the respondent or protected person; or

(D) The court determines that the respondent or protected person is in need of legal counsel.

(b) The court is not required to appoint counsel under this subsection if the respondent or protected person is already represented by counsel or otherwise objects to appointment of counsel.

(7) If the court appoints counsel under subsection (6) of this section:

(a) The court shall order payment of attorney fees and costs from the guardianship or conservatorship estate of the respondent or protected person if sufficient funds exist to pay all or a portion of the attorney fees and costs due; or

(b) The court may determine that a respondent or protected person is financially eligible for appointed counsel at state expense and, if so, the compensation for legal counsel and costs and expenses necessary for representation of the respondent or protected person shall be determined and paid by the executive director of the Oregon Public Defense Commission as provided under ORS 135.055 (Compensation and expenses of appointed counsel) . [1995 c.664 §12; 1999 c.775 §1; 2003 c.227 §4; 2019 c.198 §3; 2021 c.399 §6; 2021 c.400 §1; 2023 c.281 §24]

Source: Section 125.080 — Hearing; appointment of counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.322 — OR Code / Title 13 / Chapter 128 / Section 128.322
128.322 Appropriation for expenditure or accumulation of endowment fund
Status: in_force

(1) Subject to subsection (4) of this section and the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:

(a) The duration and preservation of the endowment fund;

(b) The purposes of the institution and the endowment fund;

(c) General economic conditions;

(d) The possible effect of inflation or deflation;

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

(f) Other resources of the institution; and

(g) The investment policy of the institution.

(2) To limit the authority to appropriate for expenditure or accumulate under subsection (1) of this section, a gift instrument must specifically state the limitation.

(3) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only “income,” “interest,” “dividends” or “rents, issues or profits,” or “to preserve the principal intact,” or words of similar import:

(a) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and

(b) Do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (1) of this section.

(4) The appropriation for expenditure in any year of an amount greater than seven percent of the fair market value of an endowment fund, calculated on the basis of market values determined at least quarterly and averaged over a period of not less than three years immediately preceding the year in which the appropriation for expenditure was made, creates a rebuttable presumption of imprudence. For an endowment fund in existence for fewer than three years, the fair market value of the endowment fund must be calculated for the period the endowment fund has been in existence. This subsection does not:

(a) Apply to an appropriation for expenditure permitted under law other than ORS 128.305 (Short title) to 128.336 (Uniformity of application and construction) or by the gift instrument; or

(b) Create a presumption of prudence for an appropriation for expenditure of an amount less than or equal to seven percent of the fair market value of the endowment fund. [2007 c.554 §3]

Source: Section 128.322 — Appropriation for expenditure or accumulation of endowment fund; rules of construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.525 — OR Code / Title 13 / Chapter 130 / Section 130.525
130.525 Applicability of ORS 130.530, 130.535 and 130.540 to 130.575
Status: in_force

(1) ORS 130.530 (Effect of marriage) and 130.535 (Revocation by divorce or annulment) apply only to a trust, or portion of a trust:

(a) That comes into existence during the settlor’s lifetime; and

(b) Is a revocable trust on the occurrence of any of the events described in ORS 130.530 (Effect of marriage) or 130.535 (Revocation by divorce or annulment) .

(2) ORS 130.540 (Contract of sale of property not revocation) to 130.575 (Effect of advancement on distribution) apply only to a trust, or a portion of a trust, that comes into existence during the settlor’s lifetime and that was a revocable trust at the time of the settlor’s death. [2005 c.348 §110; 2013 c.529 §10]

Source: Section 130.525 — Applicability of ORS 130.530, 130.535 and 130.540 to 130.575 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.515 — OR Code / Title 13 / Chapter 127 / Section 127.515
127.515 Execution
Status: in_force

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

(2) The form described in subsection (1) of this section must be signed and:

(a) Witnessed and signed by at least two adults; or

(b) Notarized by a notary public.

(3) If an advance directive or a form appointing a health care representative is validated under subsection (2)(a) of this section, each witness must witness:

(a) The principal signing the advance directive or the form appointing a health care representative; or

(b) The principal acknowledging the signature of the principal on the advance directive or the form appointing a health care representative.

(4) For an advance directive or a form appointing a health care representative to be valid under subsection (2)(a) of this section, the witnesses may not, on the date the advance directive or the form appointing a health care representative is signed or acknowledged:

(a) Be the principal’s attending physician or attending health care provider.

(b) Be the principal’s health care representative or alternate health care representative appointed under ORS 127.510 (Appointment of health care representative and alternate health care representative) .

(5) If an advance directive or a form appointing a health care representative is validated under subsection (2)(a) of this section, and if the principal is a patient in a long term care facility at the time the advance directive or the form appointing a health care representative is executed, one of the witnesses must be an individual who is designated by the facility and qualified as specified by the Department of Human Services by rule.

(6) Notwithstanding subsection (2) of this section, an advance directive, a form appointing a health care representative or a similar instrument, that is executed by an adult who resides in another state at the time of execution, and that is executed in compliance with the laws of that state, the laws of the state where the principal is located at the time of the execution or the laws of this state, is validly executed for the purposes of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) . [1989 c.914 §3; 1993 c.767 §4; 2018 c.36 §8; 2021 c.328 §6]

Source: Section 127.515 — Execution; witnesses; out-of-state execution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.750 — OR Code / Title 13 / Chapter 130 / Section 130.750
130.750 Trustee’s duty to comply with prudent investor rule
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in ORS 130.755 (Prudent investor rule) .

(2) The prudent investor rule is a default rule that may be expanded, restricted, eliminated or otherwise altered by the provisions of a trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust. [2005 c.348 §77]

Source: Section 130.750 — Trustee’s duty to comply with prudent investor rule , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 129.270 — OR Code / Title 13 / Chapter 129 / Section 129.270
129.270 UPIA 301. When right to income begins and ends
Status: in_force

(1) An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest.

(2) An asset becomes subject to a trust:

(a) On the date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor’s life;

(b) On the date of a testator’s death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator’s estate; or

(c) On the date of an individual’s death in the case of an asset that is transferred to a fiduciary by a third party because of the individual’s death.

(3) An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection (4) of this section, even if there is an intervening period of administration to wind up the preceding income interest.

(4) An income interest ends on the day before an income beneficiary dies or another terminating event occurs or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income. [2003 c.279 §7]

Source: Section 129.270 — UPIA 301. When right to income begins and ends , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 124.100 — OR Code / Title 13 / Chapter 124 / Section 124.100
124.100 Definitions for ORS 124.100 to 124.140
Status: in_force

(1) As used in ORS 124.100 (Definitions for ORS 124.100 to 124.140) to 124.140 (Estoppel based on criminal conviction) :

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

(b) “Financially incapable” has the meaning given that term in ORS 125.005 (Definitions) .

(c) “Incapacitated” has the meaning given that term in ORS 125.005 (Definitions) .

(d) “Person with a disability” means a person with a physical or mental impairment that:

(A) Is likely to continue without substantial improvement for no fewer than 12 months or to result in death; and

(B) Prevents performance of substantially all the ordinary duties of occupations in which an individual not having the physical or mental impairment is capable of engaging, having due regard to the training, experience and circumstances of the person with the physical or mental impairment.

(e) “Vulnerable person” means:

(A) An elderly person;

(B) A financially incapable person;

(C) An incapacitated person; or

(D) A person with a disability who is susceptible to force, threat, duress, coercion, persuasion or physical or emotional injury because of the person’s physical or mental impairment.

(2) A vulnerable person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage in physical or financial abuse. The court shall award the following to a plaintiff who prevails in an action under this section:

(a) An amount equal to three times all economic damages, as defined in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict) , resulting from the physical or financial abuse, or $500, whichever amount is greater.

(b) An amount equal to three times all noneconomic damages, as defined in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict) , resulting from the physical or financial abuse.

(c) Reasonable attorney fees incurred by the plaintiff.

(d) Reasonable fees for the services of a conservator or guardian ad litem incurred by reason of the litigation of a claim brought under this section.

(3) An action may be brought under this section only by:

(a) A vulnerable person;

(b) A guardian, conservator or attorney-in-fact for a vulnerable person;

(c) A personal representative for the estate of a decedent who was a vulnerable person at the time the cause of action arose; or

(d) A trustee for a trust on behalf of the trustor or the spouse of the trustor who is a vulnerable person.

(4) An action may be brought under this section only for physical abuse described in ORS 124.105 (Physical abuse subject to action) or for financial abuse described in ORS 124.110 (Financial abuse subject to action) .

(5) An action may be brought under this section against a person for permitting another person to engage in physical or financial abuse if the person knowingly acts or fails to act under circumstances in which a reasonable person should have known of the physical or financial abuse.

(6) A person commencing an action under this section shall mail a copy of the complaint or other initial pleading to the Attorney General at the time the action commences. Failure to mail a copy of the complaint or pleading is not a jurisdictional defect and may be cured at any time prior to entry of judgment. A court may not enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may be by declaration or by return receipt of mailing. [1995 c.671 §1; 1997 c.249 §41; 1999 c.305 §1; 2001 c.843 §3; 2003 c.211 §1; 2005 c.87 §1; 2005 c.386 §1a; 2007 c.70 §30; 2015 c.568 §§2,5; 2019 c.345 §1; 2021 c.478 §8]

Source: Section 124.100 — Definitions for ORS 124.100 to 124.140; action authorized; relief; qualifications for bringing action; notice to Attorney General , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 127.555 — OR Code / Title 13 / Chapter 127 / Section 127.555
127.555 Designation of attending physician or health care provider
Status: in_force

(1) If there is more than one physician or health care provider caring for a principal, the principal shall designate one physician or one health care provider as the attending physician or the attending health care provider. If the principal is incapable, the health care representative for the principal shall designate the attending physician or the attending health care provider.

(2) Health care representatives, and persons who are acting under a reasonable belief that they are health care representatives, are not guilty of any criminal offense, or subject to civil liability, or in violation of any professional oath, affirmation or standard of care for any action taken in good faith as a health care representative.

(3) A health care provider acting or declining to act in reliance on the health care decision made in an advance directive or in a document that the health care provider reasonably believes to be an advance directive, made by an attending physician or attending health care provider under ORS 127.635 (Withdrawal of life-sustaining procedures) (3), or made by a person who the health care provider believes is the health care representative for an incapable principal, is not subject to criminal prosecution, civil liability or professional disciplinary action on grounds that the health care decision is unauthorized unless the health care provider:

(a) Fails to satisfy a duty that ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) place on the health care provider;

(b) Acts without medical confirmation as required under ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) ;

(c) Knows or has reason to know that the requirements of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) have not been satisfied; or

(d) Acts after receiving notice that:

(A) The authority or decision on which the health care provider relied is revoked, suspended, superseded or subject to other legal infirmity;

(B) A court challenge to the health care decision or the authority relied on in making the health care decision is pending; or

(C) The health care representative has withdrawn or has been disqualified.

(4) The immunities provided by this section do not apply to:

(a) The manner of administering health care pursuant to a health care decision made by the health care representative or by an advance directive; or

(b) The manner of determining the health condition or incapacity of the principal.

(5) A health care provider who determines that a principal is incapable is not subject to criminal prosecution, civil liability or professional disciplinary action for failing to follow that principal’s direction except for a failure to follow a principal’s manifestation of an objection to a health care decision under ORS 127.535 (Authority of health care representative) (5). [1989 c.914 §10; 1993 c.767 §14; 2018 c.36 §16]

Source: Section 127.555 — Designation of attending physician or health care provider; liability of health care representative and health care provider , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 129.255 — OR Code / Title 13 / Chapter 129 / Section 129.255
129.255 UPIA 202. Distribution to residuary and remainder beneficiaries
Status: in_force

(1) Each beneficiary described in ORS 129.250 (UPIA 201. Determination and distribution of net income) (4) is entitled to receive a portion of the net income equal to the beneficiary’s fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the net income the fiduciary has received after the date of death or terminating event or earlier distribution date but has not distributed as of the current distribution date.

(2) In determining a beneficiary’s share of net income, the following rules apply:

(a) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary’s fractional interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet principal obligations.

(b) The beneficiary’s fractional interest in the undistributed principal assets must be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts not in trust.

(c) The beneficiary’s fractional interest in the undistributed principal assets must be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation.

(d) The distribution date for purposes of this section may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which assets are actually distributed.

(3) If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income.

(4) A fiduciary may apply the rules in this section, to the extent that the fiduciary considers it appropriate, to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset. [2003 c.279 §6]

Source: Section 129.255 — UPIA 202. Distribution to residuary and remainder beneficiaries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 125.510 — OR Code / Title 13 / Chapter 125 / Section 125.510
125.510 Procedure where claim disallowed
Status: in_force

(1) If the conservator disallows a claim in whole or in part, or if the conservator does not allow or disallow a claim within 60 days after it is presented, the claimant may:

(a) File in the conservatorship proceeding a request for a summary determination of the claim by the court, with proof of service of a copy upon the conservator or the attorney of the conservator; or

(b) Commence a separate action against the conservator on the claim in a court of competent jurisdiction. The action shall proceed and be tried as any other action.

(2) If the claimant requests a summary hearing, the conservator may, within 30 days after service of the request, notify the claimant in writing that if the claimant desires to prove the claim the claimant must commence a separate action against the conservator within 60 days after service of the notice. If the claimant fails to commence an action against the conservator within that time, the claim is barred.

(3) An order allowing or disallowing in whole or in part a claim that has been considered upon a summary hearing may not be appealed. [1995 c.664 §56]

Source: Section 125.510 — Procedure where claim disallowed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 129.375 — OR Code / Title 13 / Chapter 129 / Section 129.375
129.375 UPIA 413. Property not productive of income
Status: in_force

(1) If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under ORS 129.215 (UPIA 104. Trustee’s power to adjust) and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time or exercise the power conferred by ORS 129.215 (UPIA 104. Trustee’s power to adjust) (1). The trustee may decide which action or combination of actions to take.

(2) In cases not governed by subsection (1) of this section, proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period. [2003 c.279 §22]

Source: Section 129.375 — UPIA 413. Property not productive of income , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 127.875 — OR Code / Title 13 / Chapter 127 / Section 127.875
127.875 §3.13. Insurance or annuity policies
Status: in_force

The sale, procurement, or issuance of any life, health, or accident insurance or annuity policy or the rate charged for any policy shall not be conditioned upon 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. Neither shall a qualified patient’s act of ingesting medication to end his or her life in a humane and dignified manner have an effect upon a life, health, or accident insurance or annuity policy. [1995 c.3 §3.13]

Source: Section 127.875 — §3.13. Insurance or annuity policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.700 — OR Code / Title 13 / Chapter 130 / Section 130.700
130.700 UTC 811. Enforcement and defense of claims
Status: in_force

A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust. [2005 c.348 §69]

Source: Section 130.700 — UTC 811. Enforcement and defense of claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.100 — OR Code / Title 13 / Chapter 128 / Section 128.100
128.100 Authority of fiduciary to deposit securities in clearing corporation
Status: in_force

(1) Notwithstanding any other provision of law, any fiduciary holding securities in a fiduciary capacity, any financial institution or trust company holding securities as a custodian or managing agent, and any financial institution or trust company holding securities as custodian for a fiduciary is authorized to deposit or arrange for the deposit of the securities in a clearing corporation as defined in ORS 78.1020 (Definitions and index of definitions) . When the securities are deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of the clearing corporation with any other securities of the same class deposited in the clearing corporation by any person regardless of the ownership of the securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. The records of the fiduciary and the records of the financial institution or trust company acting as custodian, as managing agent or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are deposited. Ownership of, and other interests in, the securities may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities. A financial institution or trust company depositing securities pursuant to this section shall be subject to the rules and regulations as, in the case of state-chartered institutions, the Department of Consumer and Business Services and, in the case of national banking associations, the Comptroller of the Currency may from time to time issue. A financial institution or a trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities deposited by the financial institution or trust company in the clearing corporation for the account of the fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of the fiduciary’s account or on demand by the attorney for the party, certify in writing to the party the securities deposited by the fiduciary in the clearing corporation for its account as the fiduciary.

(2) This section shall apply to any fiduciary holding securities in a fiduciary capacity, and to any financial institution or trust company holding securities as a custodian, managing agent or custodian for a fiduciary, acting on October 5, 1973, or who thereafter may act regardless of the date of the agreement, instrument or court order by which it is appointed and regardless of whether or not the fiduciary, custodian, managing agent or custodian for a fiduciary owns capital stock of the clearing corporation. [1973 c.365 §§1,2; 1985 c.676 §59; 1985 c.762 §177; 1997 c.631 §414]

Source: Section 128.100 — Authority of fiduciary to deposit securities in clearing corporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.405 — OR Code / Title 13 / Chapter 125 / Section 125.405
125.405 Letters of conservatorship
Status: in_force

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

State of Oregon, )

) LETTERS OF

County of ___ ) CONSERVATORSHIP

BY THESE LETTERS OF CONSERVATORSHIP be informed:

That on ___ (month) ___ (day), 2___, the _____ Court, ___ County, State of Oregon, appointed _____ (name of conservator) conservator of the estate of _____ (name of protected person) and that the named conservator has qualified and has the authority and duties of conservator of the estate of the named protected person as provided by law.

LIMITATIONS: _______________

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

________, Clerk of the Court

By ________, Deputy

[1995 c.664 §34]

Source: Section 125.405 — Letters of conservatorship , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.881 — OR Code / Title 13 / Chapter 128 / Section 128.881
128.881 Deposit of fees and penalties
Status: in_force

All fees and penalties received by the Department of Justice under ORS 128.802 (Registration of professional fund raising firms required) and 128.821 (Registration of commercial fund raising firms required) shall be paid over to the State Treasurer monthly for deposit in the Department of Justice Operating Account created under the provisions of ORS 180.180 (Department of Justice Operating Account) . Amounts deposited pursuant to this section are continuously appropriated to the Attorney General to pay the expenses of the Department of Justice in administering the Charitable Trust and Corporation Act as established in ORS 128.610 (Short title) and the Charitable Solicitations Act. [1985 c.729 §20; 1991 c.532 §13]

Source: Section 128.881 — Deposit of fees and penalties; use , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 129.350 — OR Code / Title 13 / Chapter 129 / Section 129.350
129.350 UPIA 408. Insubstantial allocations not required
Status: in_force

If a trustee determines that an allocation between principal and income required by ORS 129.355 (UPIA 409. Deferred compensation, annuities and similar payments) , 129.360 (UPIA 410. Liquidating asset) , 129.365 (UPIA 411. Minerals, water and other natural resources) , 129.370 (UPIA 412. Timber) or 129.385 (UPIA 415. Asset-backed securities) is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in ORS 129.215 (UPIA 104. Trustee’s power to adjust) (3) applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in ORS 129.215 (UPIA 104. Trustee’s power to adjust) (4) and may be released for the reasons and in the manner described in ORS 129.215 (UPIA 104. Trustee’s power to adjust) (5). An allocation is presumed to be insubstantial if:

(1) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10 percent; or

(2) The value of the asset producing the receipt for which the allocation would be made is less than 10 percent of the total value of the trust’s assets at the beginning of the accounting period. [2003 c.279 §17]

Source: Section 129.350 — UPIA 408. Insubstantial allocations not required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 125.678 — OR Code / Title 13 / Chapter 125 / Section 125.678
125.678 Appointment
Status: in_force

(1) The Long Term Care Ombudsman appointed under ORS 441.403 (Office of Long Term Care Ombudsman) , in consultation with the Residential Ombudsman and Public Guardianship Advisory Board, shall appoint the Oregon Public Guardian and Conservator in the office of the Long Term Care Ombudsman for a four-year term. The Oregon Public Guardian and Conservator serves at the pleasure of the Long Term Care Ombudsman and may be removed by the Long Term Care Ombudsman for good cause. If there is a vacancy for any cause, the Long Term Care Ombudsman shall make an appointment within 60 days. The Oregon Public Guardian and Conservator shall receive a salary as fixed by the Long Term Care Ombudsman and be reimbursed for all reasonable travel and other expenses incurred in the performance of official duties.

(2) The Oregon Public Guardian and Conservator shall be responsible for carrying out the powers, duties and functions of the Oregon Public Guardian and Conservator pursuant to ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) , within the office of the Long Term Care Ombudsman.

(3) The Oregon Public Guardian and Conservator may:

(a) Hire or contract with volunteers, staff, deputy public guardians and conservators and other qualified individuals, as necessary, to carry out the powers, duties and functions of the Oregon Public Guardian and Conservator;

(b) Prescribe the duties and assignments of persons hired or under contract with the Oregon Public Guardian and Conservator;

(c) Fix the compensation, including reasonable travel and other expenses incurred in the performance of official duties, of persons hired by or under contract with the Oregon Public Guardian and Conservator subject to the State Personnel Relations Law; and

(d) Adopt rules to carry out the provisions of ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) .

(4) The Long Term Care Ombudsman may hire or contract with staff to serve in the office of the Long Term Care Ombudsman as necessary to advise and support the Oregon Public Guardian and Conservator.

(5) Intentionally left blank —Ed.

(a) The Oregon Public Guardian and Conservator may delegate the exercise or discharge of any power, duty or function that is vested in or imposed by law upon the Oregon Public Guardian and Conservator to a deputy public guardian and conservator, staff person or volunteer hired by or under contract with the Oregon Public Guardian and Conservator as appropriate for the purpose of conducting an official act in the name of the Oregon Public Guardian and Conservator. The official act of any person acting in the name of the Oregon Public Guardian and Conservator by the authority of the Oregon Public Guardian and Conservator is an official act of the Oregon Public Guardian and Conservator.

(b) Notwithstanding paragraph (a) of this subsection, a court may not appoint a deputy public guardian and conservator as a fiduciary in a proceeding under ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) but shall appoint the Oregon Public Guardian and Conservator as the fiduciary in the proceeding.

(6) The Oregon Public Guardian and Conservator may solicit and accept gifts, grants and donations from public and private sources for the purpose of carrying out the provisions of ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) , which moneys shall be deposited in the Oregon Public Guardian and Conservator Fund established under ORS 125.689 (Oregon Public Guardian and Conservator Fund) . [2014 c.117 §3; 2017 c.310 §1; 2017 c.441 §25]

Source: Section 125.678 — Appointment; term; responsibilities; delegation of duties; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.735 — OR Code / Title 13 / Chapter 130 / Section 130.735
130.735 Appointment of adviser
Status: in_force

(1) A trust instrument may appoint a person to act as an adviser for the purpose of directing or approving decisions made by the trustee, including decisions related to distribution of trust assets and to the purchase, sale or exchange of trust investments. The appointment must be made by a provision of the trust that specifically refers to this section. The appointment may provide for succession of advisers and for a process for the removal of advisers. An adviser shall exercise all authority granted under the trust instrument as a fiduciary unless the trust instrument provides otherwise. A person who agrees to act as an adviser is subject to Oregon law and submits to the jurisdiction of the courts of this state.

(2) If a trust instrument provides that a trustee is to follow the direction of an adviser, and that trustee acts in accordance with the adviser’s directions, the trustee is not liable for any loss resulting directly or indirectly from the trustee’s decision unless the decision constitutes reckless indifference to the purposes of the trust or the interests of the beneficiaries.

(3) If a trust instrument provides that a trustee is to make decisions with the approval of an adviser, and the adviser does not provide approval within a reasonable time after the trustee has made a request for approval of a decision, the trustee is not liable for any loss resulting directly or indirectly from the decision unless the decision constitutes reckless indifference to the purposes of the trust or the interests of the beneficiaries.

(4) Except to the extent specifically provided by the trust instrument, a trustee has no duty to monitor an adviser’s conduct, provide advice to the adviser, consult with the adviser or give notice to any beneficiary or third party about decisions made pursuant to the adviser’s direction that the trustee would have decided differently.

(5) Absent clear and convincing evidence to the contrary, all actions taken by a trustee for the purpose of implementing directions from an adviser, including confirming that the adviser’s directions have been carried out and recording and reporting activities requested by the adviser, are presumed to be administrative actions taken by the trustee solely for the purpose of allowing the trustee to perform the duties assigned to the trustee under the trust instrument. Administrative actions taken by a trustee for the purpose of implementing directions from an adviser do not constitute monitoring of the adviser or other participation in decisions that are within the scope of the adviser’s authority.

(6) A court may remove an adviser if the court finds:

(a) The adviser has committed a serious breach of trust; or

(b) Removal of the adviser best serves the interests of the beneficiaries because the adviser is unfit or unwilling, or has persistently failed to timely and effectively advise the trustee in matters assigned to the adviser in the trust instrument under subsection (1) of this section. [2009 c.275 §21; 2013 c.529 §22]

Source: Section 130.735 — Appointment of adviser; liability of trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.817 — OR Code / Title 13 / Chapter 125 / Section 125.817
125.817 Exclusive basis
Status: in_force

ORS 125.815 (Definitions) to 125.835 (Proceedings in more than one state) provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a conservatorship order for an adult under ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) . [2009 c.179 §8]

Note: See note under 125.800 (Short title) .

Source: Section 125.817 — Exclusive basis , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.675 — OR Code / Title 13 / Chapter 130 / Section 130.675
130.675 UTC 806. Trustee’s skills
Status: in_force

A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee’s representation that the trustee has special skills or expertise, shall use those special skills or expertise in administering the trust. [2005 c.348 §64]

Source: Section 130.675 — UTC 806. Trustee’s skills , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.515 — OR Code / Title 13 / Chapter 125 / Section 125.515
125.515 Effect of presentation of claim on statute of limitations
Status: in_force

(1) The following periods of time shall not be part of the time limited for the commencement of an action under any statute of limitation:

(a) The period of time beginning at the presentation of a claim and ending 30 days after the claim is disallowed.

(b) If the claim is not allowed or disallowed within 60 days after it is presented, the period of time beginning with the presentation of the claim and ending 90 days after the claim is presented.

(2) For the purpose of any statute of limitation, an action is considered commenced upon the filing of a request for a summary determination of a claim that has been disallowed in whole or in part. [1995 c.664 §57]

Source: Section 125.515 — Effect of presentation of claim on statute of limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.669 — OR Code / Title 13 / Chapter 127 / Section 127.669
127.669 Oregon Health Authority not required to perform certain acts
Status: in_force

Nothing in ORS 127.663 (Definitions for ORS 127.663 to 127.684) to 127.684 (Short title) requires the Oregon Health Authority to:

(1) Prescribe the form or content of a POLST;

(2) Disseminate forms to be used for a POLST;

(3) Educate the public about POLSTs, generally; or

(4) Train health care providers about POLSTs. [2009 c.595 §1185]

Source: Section 127.669 — Oregon Health Authority not required to perform certain acts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 124.071 — OR Code / Title 13 / Chapter 124 / Section 124.071
124.071 Deadline to complete abuse investigation
Status: in_force

(1) Investigations commenced by the Department of Human Services pursuant to ORS 124.070 (Duty to investigate) must be completed by the department on or before 120 days after receipt of the report of abuse made under ORS 124.060 (Duty of officials to report) , unless there is an ongoing concurrent criminal investigation, in which case the department may take a reasonable amount of additional time in which to complete the investigation.

(2) Upon completion of an investigation in accordance with subsection (1) of this section, a written report shall be prepared that includes information as required by rule adopted by the department, including but not limited to the following:

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

(b) The dates that the investigation was commenced and completed and by what entity;

(c) A description of documents and records reviewed during the investigation;

(d) An identification of any witness statements that were obtained during the investigation; and

(e) A statement of the factual basis for any findings and a summary of the findings made as a result of the investigation. [2014 c.104 §2]

Source: Section 124.071 — Deadline to complete abuse investigation; exception; written report required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 127.897 — OR Code / Title 13 / Chapter 127 / Section 127.897
127.897 §6.01. Form of the request
Status: in_force

A request for a medication as authorized by ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) shall be in substantially the following form:

I, ______________________, am an adult of sound mind.

I am suffering from _________, which my attending physician has determined is a terminal disease and which has been medically confirmed by a consulting physician.

I have been fully informed of my diagnosis, prognosis, the nature of medication to be prescribed and potential associated risks, the expected result, and the feasible alternatives, including comfort care, hospice care and pain control.

I request that my attending physician prescribe medication that will end my life in a humane and dignified manner.

INITIAL ONE:

______ I have informed my family of my decision and taken their opinions into consideration.

______ I have decided not to inform my family of my decision.

______ I have no family to inform of my decision.

I understand that I have the right to rescind this request at any time.

I understand the full import of this request and I expect to die when I take the medication to be prescribed. I further understand that although most deaths occur within three hours, my death may take longer and my physician has counseled me about this possibility.

I make this request voluntarily and without reservation, and I accept full moral responsibility for my actions.

Signed: _______________

Dated: _______________

We declare that the person signing this request:

(a) Is personally known to us or has provided proof of identity;

(b) Signed this request in our presence;

(c) Appears to be of sound mind and not under duress, fraud or undue influence;

(d) Is not a patient for whom either of us is attending physician.

______________ Witness 1/Date

______________ Witness 2/Date

NOTE: One witness shall not be a relative (by blood, marriage or adoption) of the person signing this request, shall not be entitled to any portion of the person’s estate upon death and shall not own, operate or be employed at a health care facility where the person is a patient or resident. If the patient is an inpatient at a health care facility, one of the witnesses shall be an individual designated by the facility.

[1995 c.3 §6.01; 1999 c.423 §11]

Source: Section 127.897 — §6.01. Form of the request , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 129.280 — OR Code / Title 13 / Chapter 129 / Section 129.280
129.280 UPIA 303. Apportionment when income interest ends
Status: in_force

(1) In this section, “undistributed income” means net income received before the date on which an income interest ends. The term does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust.

(2) When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary’s share of the undistributed income that is not disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than five percent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked must be added to principal.

(3) When a trustee’s obligation to pay a fixed annuity or a fixed fraction of the value of the trust’s assets ends, the trustee shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its settlor relating to income, gift, estate or other tax requirements. [2003 c.279 §9]

Source: Section 129.280 — UPIA 303. Apportionment when income interest ends , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 125.475 — OR Code / Title 13 / Chapter 125 / Section 125.475
125.475 Conservator’s accounting to court
Status: in_force

(1) Unless the court by order provides otherwise, a conservator shall account to the court for the administration of the protected estate within 60 days after each anniversary of appointment. In addition, a conservator shall account to the court for the administration of the protected estate:

(a) Within 60 days after the death of the protected person, a minor protected person attains majority or an adult protected person becomes able to manage the protected person’s financial resources; and

(b) Within 30 days after the removal of the conservator, the resignation of the conservator or the termination of the conservator’s authority under ORS 125.410 (Conservator’s bond) (7).

(2) Each accounting must include the following information:

(a) The period of time covered by the accounting.

(b) The total value of the property with which the conservator is chargeable according to the inventory, or, if there was a prior accounting, the amount of the balance of the prior accounting.

(c) All money and property received during the period covered by the accounting.

(d) All disbursements made during the period covered by the accounting.

(e) The amount of bond posted by the conservator during the period covered by the accounting.

(f) With respect to conservators who are professional fiduciaries, the total amount of compensation that investment advisers or brokers other than the professional fiduciary charged or received in charges for investments managed or transacted by the investment advisers or brokers.

(g) Such other information as the conservator considers necessary, or that the court might require, for the purpose of disclosing the condition of the estate.

(3) Vouchers for disbursements must accompany the accounting unless otherwise provided by order or rule of the court or unless the conservator is a trust company that has complied with ORS 709.030 (Approval to transact trust business) or is the Department of Veterans’ Affairs. If vouchers are not required, the conservator shall:

(a) Maintain the vouchers for a period of not less than one year following the date on which the order approving the final accounting is entered;

(b) Permit interested persons to inspect the vouchers and receive copies of the vouchers at their own expense at the place of business of the conservator during the conservator’s normal business hours at any time before the end of one year following the date on which the order approving the final accounting is entered; and

(c) Include in each annual accounting and the final accounting a statement that the vouchers are not filed with the accounting but are maintained by the conservator and may be inspected and copied as provided in this subsection.

(4) The court may waive a final accounting if:

(a) The conservator was appointed because the protected person was a minor, and the protected person has attained the age of majority, or the conservator was appointed because the protected person was financially incapable, and the protected person is no longer financially incapable;

(b) The protected person gives a receipt to the conservator for the property delivered to the protected person; and

(c) The conservator files with the court a copy of the receipt issued by the protected person to the conservator.

(5) Copies of accountings must be served on all persons listed in ORS 125.060 (Who must be given notice) (3). The court may waive service on the protected person if service of the copy would not assist the protected person in understanding the proceedings.

(6) The court may require a conservator to submit to a physical check of the estate in the control of the conservator at any time and in any manner the court may specify.

(7) The Chief Justice of the Supreme Court may by rule specify the form and contents of accounts that must be filed by a conservator. [1995 c.664 §49; 1997 c.631 §411; 1999 c.592 §4; 2005 c.123 §2; 2015 c.364 §2; 2019 c.539 §1]

Source: Section 125.475 — Conservator’s accounting to court; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.095 — OR Code / Title 13 / Chapter 128 / Section 128.095
128.095 Trustee may amend governing instrument of “private foundation” or “split-interest” trust with prior consent of Attorney General and benefited organizations
Status: in_force

The trustee of a trust which is a private foundation to which ORS 128.085 (Limitations on trustee’s administration of “private foundation” trust) applies or a split-interest trust to which ORS 128.090 (Limitations on trustee’s administration of “split-interest” trust) applies may, with the prior consent of the Attorney General, amend the terms of the governing instrument to the extent necessary (1) to assure conformity of the governing instrument with the requirements for exemption from the taxes imposed by sections 4941 to 4945 of the Internal Revenue Code of 1954, including amendments which broaden, extend, reduce or limit the charitable purposes for which the trust is administered, or (2) to terminate the status of the trust as a private foundation in a manner described in section 507 (b) (1) of the Internal Revenue Code of 1954. Prior to giving consent, the Attorney General shall determine that the proposed amendments are necessary or appropriate to achieve the charitable purposes of the trust. If the trust is for the exclusive benefit of one or more charitable organizations, the trustee shall also obtain the prior consent of such organizations prior to amending the terms of the governing instrument in the manner set forth in this section. [1971 c.197 §3]

Source: Section 128.095 — Trustee may amend governing instrument of “private foundation” or “split-interest” trust with prior consent of Attorney General and benefited organizations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.855 — OR Code / Title 13 / Chapter 130 / Section 130.855
130.855 UTC 1012. Protection of person dealing with trustee
Status: in_force

(1) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, is not liable for acts of the trustee that exceed the trustee’s powers or for the improper exercise of the trustee’s powers, unless the person knows that the trustee has exceeded the trustee’s powers or improperly exercised those powers.

(2) A person other than a beneficiary who deals with a trustee in good faith is not required to inquire about the extent of the trustee’s powers or about the propriety of the trustee’s exercise of those powers.

(3) A person who in good faith delivers assets to a trustee need not ensure that the assets are properly applied.

(4) Any person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated, is not liable solely because the former trustee is no longer a trustee.

(5) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section. [2005 c.348 §94]

Source: Section 130.855 — UTC 1012. Protection of person dealing with trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.545 — OR Code / Title 13 / Chapter 130 / Section 130.545
130.545 Encumbrance or disposition of property after trust instrument executed
Status: in_force

Unless otherwise provided by the terms of the trust instrument:

(1) A disposition of a portion of property that is subject to a specific distribution does not affect the operation of the trust upon the remaining portion of the property; and

(2) If property subject to a specific distribution is encumbered, the property passes under the specific distribution but is subject to the encumbrance. [Formerly 128.382]

Source: Section 130.545 — Encumbrance or disposition of property after trust instrument executed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.675 — OR Code / Title 13 / Chapter 125 / Section 125.675
125.675 Definitions
Status: in_force

For purposes of ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) :

(1) “Client” means a person who receives public guardian and conservator services from the Oregon Public Guardian and Conservator.

(2) “Deputy public guardian and conservator” means a person who is employed by or under contract with the Oregon Public Guardian and Conservator, who is certified by the Oregon Public Guardian and Conservator and who provides services as a fiduciary under ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) .

(3) “Public guardian and conservator services” means services, including but not limited to information, assistance and services as a court-appointed fiduciary in guardianship or conservatorship proceedings that are provided by deputy public guardians and conservators, volunteers and staff under the supervision and control of the Oregon Public Guardian and Conservator. [2014 c.117 §2; 2017 c.310 §12]

Source: Section 125.675 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.801 — OR Code / Title 13 / Chapter 128 / Section 128.801
128.801 Definitions for ORS 128.801 to 128.898
Status: in_force

As used in ORS 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) :

(1) “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.

(2) “Commercial fund raising solicitation” means the solicitation of funds for nonprofit beneficiaries, whether named or unspecified, through the sale of goods or services, whether the goods or services are delivered to a purchaser or donated to third parties, and where the solicitation is conducted by a commercial fund raising firm or commercial coventurer. If donors receive insubstantial items or other benefits in return for contributions, such a solicitation of funds is not a commercial fund raising solicitation if the items or benefits received are considered premiums and do not affect the deductibility of the contributions for federal income tax purposes. A solicitation is conducted by a commercial fund raising firm or commercial coventurer if the soliciting agents are under the direction and control of a commercial fund raising firm or commercial coventurer; the fact that the solicitors are paid by the beneficiary is of no consequence.

(3) “Commercial coventurer” means any sole proprietorship, partnership, corporation or any other legal entity, organized for profit or formed as a nonprofit mutual benefit corporation, who is regularly and primarily engaged in trade or commerce in this state other than in conjunction with the raising of funds for nonprofit purposes and who conducts commercial fund raising solicitations on an infrequent basis.

(4) “Commercial fund raising firm” means any sole proprietorship, partnership, corporation or any other legal entity, organized for profit or formed as a nonprofit mutual benefit corporation, who, for compensation or other consideration regularly conducts commercial fund raising solicitations.

(5) “Professional fund raising firm” means any sole proprietorship, partnership, corporation or any other legal entity, organized for profit or as a nonprofit mutual benefit corporation, who, for compensation or other consideration, manages or conducts the solicitation of funds, not including commercial fund raising solicitations, on behalf of any nonprofit organization.

(6) Intentionally left blank —Ed.

(a) “Solicitation” means any oral or written request for a contribution, including the solicitor’s offer or attempt to sell any property, rights, services or other thing, in connection with which:

(A) The name of any nonprofit organization is used as an inducement for making the contribution or consummating the sale; or

(B) Any statement is made which implies that the whole or any part of the contribution or proceeds from the sale will be donated to any nonprofit organization.

(b) “Solicitation” does not include the making of any request or appeal on behalf of a candidate, political committee or measure as defined in ORS 260.005 (Definitions) , unless the appeal states or implies that contributions will be used, in whole or in part, for a charitable purpose or includes a representation that a ticket to an event may be donated by a contributor to the solicitors for use by another. [1985 c.729 §3; 1991 c.532 §1]

Source: Section 128.801 — Definitions for ORS 128.801 to 128.898 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.082 — OR Code / Title 13 / Chapter 125 / Section 125.082
125.082 Notice of appointment
Status: in_force

(1) Intentionally left blank —Ed.

(a) Upon appointment, a guardian shall deliver written notice of the order of appointment to the persons described in ORS 125.060 (Who must be given notice) (3).

(b) Intentionally left blank —Ed.

(A) The notice provided to the protected person under this subsection must be delivered in person in a manner reasonably calculated to be understood by the protected person.

(B) When delivering the notice to the protected person under this subsection, the guardian shall offer to also provide the notice to the protected person orally. If the protected person requests oral notice in response to the offer or otherwise, the guardian shall provide oral notice.

(C) In providing notice to the protected person under this paragraph, the guardian shall provide reasonable accommodations for effective communication as necessary.

(c) Notwithstanding paragraph (b) of this subsection, if the guardian determines that personal delivery of the notice to the protected person is unduly burdensome, the guardian may deliver the notice by first class mail and certified, registered or express mail, return receipt requested.

(2) A notice under this section must include:

(a) The title of the court in which the protective proceeding is pending and the clerk’s file number;

(b) The name and address of the protected person and the attorney for the protected person, if any;

(c) The name and address of the guardian and the attorney for the guardian, if any;

(d) The date of the appointment of the guardian;

(e) A statement describing the authority awarded to the guardian and any limitations placed on the guardian’s authority;

(f) A statement advising the protected person or other interested person of the right of the protected person to seek removal of the guardian or termination of the guardianship; and

(g) If the notice is delivered to the protected person as provided in subsection (1)(c) of this section, a statement describing why personal delivery of the notice was unduly burdensome.

(3) No later than 30 days following the date of the guardian’s appointment, the guardian shall file in the proceeding before the court proof of the giving of notice under this section, including:

(a) The date, time and place where written notice was provided;

(b) A description of the manner the notice was provided, whether notice was provided orally and whether any reasonable accommodation was provided;

(c) If the guardian delivered notice as provided in subsection (1)(c) of this section, a brief description of why personal delivery of the notice was unduly burdensome together with return of receipt of the mailing; and

(d) If the protected person is a resident of a mental health treatment facility or a residential facility for individuals with developmental disabilities, or if the guardian intends to place the protected person in such a facility, the guardian shall provide notice under this section to the system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1):

(A) If the guardian is represented by counsel, electronically in a manner described by the system; or

(B) If the guardian is not represented by counsel, by mail or electronically in a manner described by the system. [2019 c.77 §2; 2021 c.327 §1]

Source: Section 125.082 — Notice of appointment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.800 — OR Code / Title 13 / Chapter 130 / Section 130.800
130.800 UTC 1001. Remedies for breach of trust
Status: in_force

(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. A breach of trust may occur by reason of an action or by reason of a failure to act.

(2) To remedy a breach of trust that has occurred or to prevent a breach of trust, the court may:

(a) Compel the trustee to perform the trustee’s duties;

(b) Enjoin the trustee from committing a breach of trust;

(c) Compel the trustee to pay money or restore property;

(d) Order a trustee to account;

(e) Appoint a special fiduciary to take possession of the trust property and administer the trust;

(f) Suspend the trustee;

(g) Remove the trustee as provided in ORS 130.625 (UTC 706. Removal of trustee) ;

(h) Reduce or deny compensation to the trustee;

(i) Subject to ORS 130.855 (UTC 1012. Protection of person dealing with trustee) , void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or

(j) Order any other appropriate relief. [2005 c.348 §83]

Source: Section 130.800 — UTC 1001. Remedies for breach of trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.660 — OR Code / Title 13 / Chapter 127 / Section 127.660
127.660 Short title
Status: in_force

ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and 127.995 (Penalties) may be cited as the Oregon Health Care Decisions Act. [1993 c.767 §24]

PHYSICIAN ORDERS FOR LIFE-SUSTAINING

Source: Section 127.660 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.518 — OR Code / Title 13 / Chapter 130 / Section 130.518
130.518 Creditor protections retained upon conveyance of property held as tenants by the entirety to revocable trust
Status: in_force

(1) Real property of spouses married to each other that was held as tenants by the entirety and subsequently conveyed to the trustee or trustees of the joint revocable trust of the spouses or of the separate revocable trust of each spouse shall have the same immunity from the claims of a spouse’s creditors as would exist if the spouses had continued to hold the property as tenants by the entirety, if:

(a) The spouses remain married to each other;

(b) The real property continues to be held in trust by the trustee or trustees or the successor trustee or trustees; and

(c) Both spouses are beneficiaries of the trust or trusts, including where both spouses are current beneficiaries of one trust that holds the entire property or each spouse is a current beneficiary of a separate trust and the two separate trusts together hold the entire property, whether or not other persons are also current or future beneficiaries of the trust or trusts.

(2) The protection from the claims of separate creditors under this section may be waived as to any specific creditor, including any separate creditor of either spouse, or any specifically described property, including any former tenancy by the entirety property conveyed into trust, by the trustee acting under the express provision of a trust instrument or with the written consent of both spouses. [2021 c.272 §7]

Note: Section 12, chapter 272, Oregon Laws 2021, provides:

Sec. 12. Section 7 of this 2021 Act [ 130.518 (Creditor protections retained upon conveyance of property held as tenants by the entirety to revocable trust) ] and the amendments to ORS 130.315 (UTC 505. Creditor’s claim against settlor) by section 8 of this 2021 Act apply to tenancy by the entirety property conveyed to a trustee or trustees of a trust or trusts on or after the effective date of this 2021 Act [January 1, 2022]. [2021 c.272 §12]

Note: 130.518 (Creditor protections retained upon conveyance of property held as tenants by the entirety to revocable trust) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 130 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 130.518 — Creditor protections retained upon conveyance of property held as tenants by the entirety to revocable trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.400 — OR Code / Title 13 / Chapter 125 / Section 125.400
125.400 Order of appointment
Status: in_force

Upon the filing of a petition seeking the appointment of a conservator, the court may appoint a conservator and make other appropriate protective orders if the court finds by clear and convincing evidence that the respondent is a minor or financially incapable, and that the respondent has money or property that requires management or protection. [1995 c.664 §33]

Source: Section 125.400 — Order of appointment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 124.015 — OR Code / Title 13 / Chapter 124 / Section 124.015
124.015 Hearing upon request of respondent
Status: in_force

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

(2) In addition to the relief granted under ORS 124.020 (Ex parte hearing) , the court, in a hearing held pursuant to subsection (1) of this section, may:

(a) Require either party to move from any residence whose title or right to occupy such premises is held jointly by the parties; and

(b) Assess against any party reasonable attorney fees and such costs as may be incurred in the hearing.

(3) Intentionally left blank —Ed.

(a) If the respondent is represented by an attorney, time for the hearing may be extended for up to five days at the request of the petitioner or guardian petitioner so that the petitioner or guardian petitioner may seek representation.

(b) If the elderly person or person with a disability is represented by an attorney, time for the hearing may be extended for up to five days at the request of the respondent or guardian petitioner so that the respondent or guardian petitioner may seek representation.

(4) The court may approve any consent agreement to bring about a cessation of abuse of the parties. However, the court may not approve a term in a consent agreement that provides for restraint of a party to the agreement unless the other party petitioned for and was granted an order under ORS 124.010 (Petition for relief) . An order or consent agreement made under this section may be amended at any time and shall continue in effect for a period of one year from the date of the order issued under ORS 124.020 (Ex parte hearing) .

(5) An order or agreement made under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) or ORS 133.310 (Authority of peace officer to arrest without warrant) and 133.381 (Procedure in arrests for violation of certain restraining orders) may not in any manner affect title to any real property.

(6) No undertaking shall be required in any proceeding under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) .

(7) Any proceeding under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) shall be in addition to and not in lieu of any other available civil or criminal remedies.

(8) Notwithstanding any right or remedy established in ORS chapter 90 or ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) , a petitioner or guardian petitioner may enforce an order issued under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) . [1995 c.666 §§5,5a; 2003 c.257 §3a; 2005 c.671 §9; 2007 c.70 §26]

Source: Section 124.015 — Hearing upon request of respondent; relief; settlement; effect of proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 128.841 — OR Code / Title 13 / Chapter 128 / Section 128.841
128.841 Commercial fund raising firm financial reports
Status: in_force

Within 90 days after a commercial fund raising solicitation campaign has been completed, the commercial fund raising firm shall file with the Attorney General a financial report for the campaign, including gross receipts and all expenditures incurred in the solicitation campaign. The report shall be completed on a form prescribed by the Attorney General. The report shall be signed by an official of the commercial fund raising firm and an official from each beneficiary and they shall certify, under oath, that it is true to the best of their knowledge. A similar interim financial report shall be filed one year after the start of the solicitation campaign in the case of a solicitation campaign still in progress on that date. [1985 c.729 §11; 1991 c.532 §7]

Source: Section 128.841 — Commercial fund raising firm financial reports; contents; filing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.802 — OR Code / Title 13 / Chapter 125 / Section 125.802
125.802 Definitions
Status: in_force

As used in ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) :

(1) “Adult” means an individual who has attained 18 years of age.

(2) “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under ORS chapter 125.

(3) “Conservatorship order” means an order appointing a conservator or other order related to management of an adult’s property.

(4) “Conservatorship proceeding” means a judicial proceeding in which a conservatorship order is sought or has been issued.

(5) “Guardian” means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under ORS chapter 125.

(6) “Guardianship order” means an order appointing a guardian.

(7) “Guardianship proceeding” means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.

(8) “Incapacitated person” means an adult for whom a guardian has been appointed.

(9) “Party” means the respondent, petitioner, guardian, conservator or any other person allowed by the court to participate in a guardianship or conservatorship proceeding.

(10) Intentionally left blank —Ed.

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

(b) “Person” as defined in paragraph (a) of this subsection does not apply in the terms “incapacitated person” or “protected person.”

(11) “Protected person” means an adult for whom a conservatorship order has been issued.

(12) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(13) “Respondent” means an adult for whom a conservatorship order or the appointment of a guardian is sought.

(14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States. [2009 c.179 §2]

Note: See note under 125.800 (Short title) .

Source: Section 125.802 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 129.325 — OR Code / Title 13 / Chapter 129 / Section 129.325
129.325 UPIA 407. Insurance policies and similar contracts
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of or loss of title to a trust asset. The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income and to principal if the premiums are paid from principal.

(2) A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income or, subject to ORS 129.308 (UPIA 403. Business and other activities conducted by trustee) , loss of profits from a business.

(3) This section does not apply to a contract to which ORS 129.355 (UPIA 409. Deferred compensation, annuities and similar payments) applies. [2003 c.279 §16]

Source: Section 129.325 — UPIA 407. Insurance policies and similar contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 124.010 — OR Code / Title 13 / Chapter 124 / Section 124.010
124.010 Petition for relief
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in subsection (8) of this section, an elderly person or a person with a disability who has been the victim of abuse within the preceding 180 days or a guardian or guardian ad litem of an elderly person or a person with a disability who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) , if the person is in immediate and present danger of further abuse from the abuser.

(b) The elderly person or person with a disability or the guardian or guardian ad litem of the person may seek relief by filing a petition with the circuit court alleging that the person is in immediate and present danger of further abuse from the respondent, alleging that the person has been the victim of abuse committed by the respondent within the 180 days preceding the filing of the petition and describing the nature of the abuse and the approximate dates thereof. The abuse must have occurred not more than 180 days before the filing of the petition.

(c) A petitioner or guardian petitioner is not required to provide in the petition information regarding the relationship between the elderly person or person with a disability and the respondent.

(d) The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury. The circuit court has jurisdiction over all proceedings under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) .

(2) The petitioner or guardian petitioner has the burden of proving a claim under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) by a preponderance of the evidence.

(3) The right to petition for relief under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) is not affected by the fact that the elderly person or person with a disability has left the residence or household to avoid abuse.

(4) A petition filed under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) must disclose the existence of any Elderly Persons and Persons With Disabilities Abuse Prevention Act proceedings, any Abuse Prevention Act proceedings, any marital annulment, dissolution or separation proceedings pending between the parties or any protective proceedings under ORS chapter 125.

(5) Upon the filing of a petition under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) , the clerk of the court shall give the petitioner or guardian petitioner information provided by the Department of Human Services about local adult protective services, domestic violence shelters and local legal services available.

(6) For purposes of computing the 180-day period in this section and ORS 124.020 (Ex parte hearing) , any time during which the respondent is incarcerated or has a principal residence more than 100 miles from the principal residence of the elderly person or person with a disability is not counted as part of the 180-day period.

(7) If a guardian or guardian ad litem files a petition under this section on behalf of an elderly person or a person with a disability, the elderly person or person with a disability retains the right to:

(a) Contact and retain counsel;

(b) Have access to personal records;

(c) File objections to the restraining order;

(d) Request a hearing; and

(e) Present evidence and cross-examine witnesses at any hearing.

(8) An elderly person or a person with a disability may not file a petition under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) against a guardian or conservator for the person. [1995 c.666 §4; 1999 c.738 §2; 1999 c.1052 §11; 2003 c.257 §2a; 2003 c.264 §2; 2005 c.671 §2; 2007 c.70 §25; 2015 c.121 §18]

Source: Section 124.010 — Petition for relief; time limitation; information to be provided petitioner; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 130.390 — OR Code / Title 13 / Chapter 130 / Section 130.390
130.390 Claim on secured debt that is due
Status: in_force

(1) A claim on a debt due for which the creditor holds security may be presented under ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) as a claim on an unsecured debt due, or the creditor may elect to rely entirely on the security without presentation of the claim.

(2) If the claim is presented under this section, the claim shall describe the security. If the security is an encumbrance that is recorded, the encumbrance may be described by reference to the book, page, date and place of recording.

(3) If a claim is presented and allowed under this section, payment shall be on the basis of the amount of the debt remaining unpaid on the date that the claim is allowed.

(4) If the creditor surrenders the security for a claim presented and allowed under this section, payment shall be on the basis of the amount allowed.

(5) Intentionally left blank —Ed.

(a) If the creditor does not surrender the security for a claim presented and allowed under this section, and the creditor exhausts the security before receiving payment on the claim, payment shall be on the basis of the amount allowed less the amount realized on exhausting the security unless otherwise provided by law.

(b) If the creditor does not surrender the security for a claim presented and allowed under this section, and the creditor does not exhaust the security before receiving payment or does not have the right to exhaust the security, payment shall be on the basis of the amount allowed less the value of the security determined by agreement or as the court may order.

(6) The trustee may convey the secured property to the creditor in consideration of the satisfaction or partial satisfaction of the claim. [Formerly 128.276]

Source: Section 130.390 — Claim on secured debt that is due , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 126.852 — OR Code / Title 13 / Chapter 126 / Section 126.852
126.852 Reimbursement to custodian for reasonable expenses
Status: in_force

(1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties.

(2) Except for one who is a transferor under ORS 126.816 (Irrevocable gifts or exercise of power of appointment) , a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.

(3) Except as provided in ORS 126.862 (Refusal to serve as custodian) (6), a custodian need not give a bond. [1985 c.665 §16]

Source: Section 126.852 — Reimbursement to custodian for reasonable expenses; compensation; bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 126.839 — OR Code / Title 13 / Chapter 126 / Section 126.839
126.839 Validity of transfer
Status: in_force

(1) The validity of a transfer made in a manner prescribed in ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) is not affected by:

(a) Failure of the transferor to comply with ORS 126.832 (Creation and transfer of custodial property) (4) concerning possession and control;

(b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under ORS 126.832 (Creation and transfer of custodial property) (1); or

(c) Death or incapacity of a person nominated under ORS 126.812 (Nomination of custodian) or designated under ORS 126.832 (Creation and transfer of custodial property) as custodian or the disclaimer of the office by that person.

(2) A transfer made pursuant to ORS 126.832 (Creation and transfer of custodial property) is irrevocable, and the custodial property is indefeasibly vested in the beneficiary, but the custodian has all the rights, powers, duties and authority provided in ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) and neither the beneficiary nor the beneficiary’s legal representative has any right, power, duty or authority with respect to the custodial property except as provided in ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) .

(3) By making a transfer, the transferor incorporates in the disposition all the provisions of ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) . [1985 c.665 §12; 2001 c.244 §5; 2005 c.349 §8]

Source: Section 126.839 — Validity of transfer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 125.825 — OR Code / Title 13 / Chapter 125 / Section 125.825
125.825 Exclusive and continuing jurisdiction
Status: in_force

Except as provided in ORS 125.822 (Special jurisdiction) , a court that has appointed a guardian or issued a conservatorship order consistent with ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) has exclusive and continuing jurisdiction over the proceeding until the proceeding is terminated by the court or the appointment or order expires by its own terms. [2009 c.179 §11]

Note: See note under 125.800 (Short title) .

Source: Section 125.825 — Exclusive and continuing jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 124.135 — OR Code / Title 13 / Chapter 124 / Section 124.135
124.135 Remedies not exclusive
Status: in_force

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

Source: Section 124.135 — Remedies not exclusive , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 125.830 — OR Code / Title 13 / Chapter 125 / Section 125.830
125.830 Jurisdiction declined by reason of conduct
Status: in_force

(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because of unjustifiable conduct, the court may:

(a) Decline to exercise jurisdiction;

(b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent or the protection of the respondent’s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a conservatorship order is filed in a court of another state having jurisdiction; or

(c) Continue to exercise jurisdiction after considering:

(A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction;

(B) Whether the court is a more appropriate forum than the court of any other state under the factors set forth in ORS 125.827 (Appropriate forum) (3); and

(C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of ORS 125.820 (Jurisdiction) .

(2) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses and travel expenses. The court may not assess fees, costs or expenses of any kind against this state or a governmental subdivision, agency or instrumentality of this state unless authorized by law other than ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) . [2009 c.179 §13]

Note: See note under 125.800 (Short title) .

Source: Section 125.830 — Jurisdiction declined by reason of conduct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 124.075 — OR Code / Title 13 / Chapter 124 / Section 124.075
124.075 Immunity of person making report in good faith
Status: in_force

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

(2) The identity of the person making the report shall be treated as confidential information and shall be disclosed only with the consent of that person or by judicial process, or as required to perform the functions under ORS 124.070 (Duty to investigate) . [Formerly 410.660; 2005 c.671 §5; 2015 c.179 §5]

Source: Section 124.075 — Immunity of person making report in good faith; identity confidential , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 126.735 — OR Code / Title 13 / Chapter 126 / Section 126.735
126.735 Legislative findings
Status: in_force

(1) The Legislative Assembly finds that there are in the State of Oregon unemancipated minors entitled to payment or delivery of moneys under ORS 126.700 (Payment or delivery for benefit of minor) , 126.725 (Settlement agreement on behalf of minor) or 126.730 (Payment of moneys to minor pursuant to judgment) who are capable of establishing and maintaining a bank account in their sole name for their sole use and administration but who cannot contract to establish a bank account due to perceived legal limitations affecting contracts with minors. The purpose of this section is to address those limitations.

(2) For purposes of this section, “minor” means an unemancipated and unmarried person who is under 18 years of age and entitled to payment or delivery of moneys under ORS 126.700 (Payment or delivery for benefit of minor) , 126.725 (Settlement agreement on behalf of minor) or 126.730 (Payment of moneys to minor pursuant to judgment) .

(3) Notwithstanding any other provision of law, a minor may contract with a bank or financial institution to establish a bank account for the purpose of depositing payments or deliveries of moneys under ORS 126.700 (Payment or delivery for benefit of minor) , 126.725 (Settlement agreement on behalf of minor) or 126.730 (Payment of moneys to minor pursuant to judgment) . Such contract is binding upon the minor and cannot be voided or disaffirmed by the minor based upon the minor’s age or status as a minor.

(4) The consent of the minor’s parent or legal guardian, or of the person having legal custody of the minor, is not necessary to contract to establish a bank account under this section. The parent, legal guardian or person having legal custody of the minor shall not be liable under a contract by the minor for a bank account unless the parent, legal guardian or person having legal custody of the minor is a party to the minor’s contract. [2009 c.311 §3]

Source: Section 126.735 — Legislative findings; minor’s capacity to contract for bank account; consent; liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 126.826 — OR Code / Title 13 / Chapter 126 / Section 126.826
126.826 Irrevocable transfer by person holding property of or owing liquidated debt to minor
Status: in_force

(1) Subject to subsections (2) and (3) of this section, a person not subject to ORS 126.819 (Irrevocable transfer by personal representative or trustee to custodian) or 126.822 (Transfer to custodian in absence of authorization) who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to ORS 126.832 (Creation and transfer of custodial property) .

(2) If a person having the right to do so under ORS 126.812 (Nomination of custodian) has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.

(3) If no custodian has been nominated under ORS 126.812 (Nomination of custodian) or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minor’s family or to a trust company unless the property exceeds $5,000 in value. [1985 c.665 §8]

Source: Section 126.826 — Irrevocable transfer by person holding property of or owing liquidated debt to minor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 130.575 — OR Code / Title 13 / Chapter 130 / Section 130.575
130.575 Effect of advancement on distribution
Status: in_force

(1) If the value of an advancement made to a beneficiary under ORS 130.570 (Advancement against share of trust) exceeds the beneficiary’s share in the trust estate, the beneficiary shall be excluded from any further share of the trust estate, but the beneficiary is not required to refund any part of the advancement. If the value of the beneficiary’s share in the trust estate is greater than the value of all property received as advancements, the beneficiary is entitled to receive from the trust estate the balance of the share owing to the beneficiary after deducting all amounts received as advancements.

(2) For the purpose of determining the shares of the beneficiaries of either a residuary gift or a class gift under a trust, the value of all advancements made by the settlor to beneficiaries of such gift shall be added to the value of the total property distributed pursuant to the gift, the sum then divided among all beneficiaries of the gift, and the value of the advancement then deducted from the share of the beneficiary to whom the advancement was made. [Formerly 128.397]

Source: Section 130.575 — Effect of advancement on distribution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.326 — OR Code / Title 13 / Chapter 128 / Section 128.326
128.326 Delegation of management and investment functions
Status: in_force

(1) Subject to any specific limitation set forth in a gift instrument or in law other than ORS 128.305 (Short title) to 128.336 (Uniformity of application and construction) , an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:

(a) Selecting an agent;

(b) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and

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

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

(3) An institution that complies with subsection (1) of this section is not liable for the decisions or actions of an agent to which the function was delegated.

(4) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.

(5) An institution may delegate management and investment functions to its committees, officers or employees as authorized by law of this state other than ORS 128.305 (Short title) to 128.336 (Uniformity of application and construction) . [2007 c.554 §4]

Source: Section 128.326 — Delegation of management and investment functions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 124.120 — OR Code / Title 13 / Chapter 124 / Section 124.120
124.120 Relief available
Status: in_force

The court may restrain and remedy the conduct described in ORS 124.105 (Physical abuse subject to action) and 124.110 (Financial abuse subject to action) by issuing appropriate orders including but not limited to:

(1) A judgment for the remedies provided by ORS 124.100 (Definitions for ORS 124.100 to 124.140) .

(2) Restraining orders, temporary injunctions or other actions as the court deems proper, including the acceptance of satisfactory performance bonds, the creation of receiverships, the appointment of qualified receivers and the enforcement of constructive trusts.

(3) Ordering any person to divest direct or indirect interest or contact with any person or enterprise.

(4) Imposing reasonable restrictions, including permanent injunctions on the future activities or investments of any person, including prohibiting any person from engaging in the same type of endeavor or conduct to the extent permitted by the Constitution of the United States and this state. [1995 c.671 §4]

Source: Section 124.120 — Relief available , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 130.600 — OR Code / Title 13 / Chapter 130 / Section 130.600
130.600 UTC 701. Acceptance or rejection of trusteeship
Status: in_force

(1) Except as otherwise provided in subsection (3) or (4) of this section, a person designated as trustee accepts the trusteeship:

(a) By substantially complying with a method of acceptance provided in the terms of the trust; or

(b) If the terms of the trust do not provide a method of acceptance, or the method provided in the terms of the trust is not expressly made exclusive, by knowingly accepting delivery of the trust property, knowingly exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.

(2) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship.

(3) A person designated as trustee may act to preserve the trust property without accepting the trusteeship. The person must send a rejection of the trusteeship to the settlor within a reasonable time after taking the action. If the settlor is dead or is financially incapable, the person must send the rejection to a qualified beneficiary within a reasonable time after taking the action.

(4) A person designated as trustee may inspect or investigate trust property to determine potential liability under environmental or other law, or for any other purpose, without accepting the trusteeship. [2005 c.348 §50]

Source: Section 130.600 — UTC 701. Acceptance or rejection of trusteeship , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 129.425 — OR Code / Title 13 / Chapter 129 / Section 129.425
129.425 UPIA 506. Adjustments between principal and income because of taxes
Status: in_force

(1) A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries which arise from:

(a) Elections and decisions, other than those described in subsection (2) of this section, that the fiduciary makes from time to time regarding tax matters;

(b) An income tax or any other tax that is imposed upon the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust; or

(c) The ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate, trust or a beneficiary.

(2) If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust or beneficiary are decreased, each estate, trust or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust or beneficiary whose income taxes are reduced must be the same as its proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income. [2003 c.279 §30]

Source: Section 129.425 — UPIA 506. Adjustments between principal and income because of taxes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 130.050 — OR Code / Title 13 / Chapter 130 / Section 130.050
130.050 UTC 201. Role of court in administration of trust
Status: in_force

(1) A court may intervene in the administration of a trust to the extent the court’s jurisdiction is invoked by an interested person or as provided by law.

(2) A trust is not subject to continuing judicial supervision unless ordered by a court.

(3) A judicial proceeding may relate to any matter involving a trust’s administration, including a request for instructions or a declaratory judgment action. [2005 c.348 §12]

Source: Section 130.050 — UTC 201. Role of court in administration of trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 126.862 — OR Code / Title 13 / Chapter 126 / Section 126.862
126.862 Refusal to serve as custodian
Status: in_force

(1) A person nominated under ORS 126.812 (Nomination of custodian) or designated under ORS 126.832 (Creation and transfer of custodial property) as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor’s legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing and eligible to serve was nominated under ORS 126.812 (Nomination of custodian) , the person who made the nomination may nominate a substitute custodian under ORS 126.812 (Nomination of custodian) ; otherwise the transferor or the transferor’s legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under ORS 126.832 (Creation and transfer of custodial property) (1). The custodian so designated has the rights of a successor custodian.

(2) A custodian at any time may designate a trust company or an adult other than a transferor under ORS 126.816 (Irrevocable gifts or exercise of power of appointment) or the beneficiary as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated or is removed.

(3) A custodian may resign at any time by delivering written notice to the beneficiary if the beneficiary has attained 14 years of age and to the successor custodian and by delivering the custodial property to the successor custodian.

(4) If a custodian is ineligible, dies or becomes incapacitated without having effectively designated a successor and the beneficiary has attained 14 years of age, the beneficiary may designate as successor custodian, in the manner prescribed in subsection (2) of this section, an adult member of the beneficiary’s family, a conservator for the beneficiary or a trust company. If the beneficiary has not attained 14 years of age or fails to act within 60 days after the ineligibility, death or incapacity, the conservator for the beneficiary becomes successor custodian. If the beneficiary has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the beneficiary’s family or any other interested person may petition the court to designate a successor custodian.

(5) A custodian who declines to serve under subsection (1) of this section or resigns under subsection (3) of this section, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.

(6) A transferor, the legal representative of a transferor, an adult member of the beneficiary’s family, a beneficiary’s guardian, the conservator for the beneficiary or the beneficiary if the beneficiary has attained 14 years of age may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under ORS 126.816 (Irrevocable gifts or exercise of power of appointment) or to require the custodian to give appropriate bond. [1985 c.665 §19; 2005 c.349 §13]

Source: Section 126.862 — Refusal to serve as custodian; substitute and successor custodians; resignation; removal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).