ORS § 125.055 — OR Code / Title 13 / Chapter 125 / Section 125.055
125.055 Petitions in protective proceedings
Status: in_force

(1) Intentionally left blank —Ed.

(a) A petition in a protective proceeding that seeks the appointment of a fiduciary must designate the type of fiduciary that the petitioner seeks to have appointed. If the petition does not request the appointment of a fiduciary, or if the petition requests both the appointment of a fiduciary and some other protective order, the petition must contain a statement of the nature of the protective order requested. The caption of the petition must reflect the type of fiduciary whose appointment is requested or, if the appointment of a fiduciary is not requested, the nature of the protective order requested. An original and duplicate copy of the petition must be filed with the court.

(b) A single filing fee shall be collected for a petition described in this section regardless of whether the petition requests multiple fiduciaries or protective orders. Notwithstanding ORS 21.135 (Standard filing fee) , 21.145 (Simple proceeding filing fee) , 21.175 (Guardianship filing fees) , 21.180 (Conservatorship filing fees and accounting fees) and 125.650 (Other protective orders) , the fee shall consist of the highest applicable fee set forth in ORS 21.135 (Standard filing fee) , 21.145 (Simple proceeding filing fee) (3), 21.175 (Guardianship filing fees) or 21.180 (Conservatorship filing fees and accounting fees) .

(2) A petition in a protective proceeding must contain the following information to the extent that the petitioner is aware of the information or to the extent that the petitioner is able to acquire the information with reasonable effort:

(a) The name, age, residence address and current location of the respondent.

(b) The interest of the petitioner.

(c) The name, age and address of the petitioner and any person nominated as fiduciary in the petition and the relationship of the person nominated to the respondent.

(d) A statement as to whether the person nominated as fiduciary:

(A) Has been convicted of a crime;

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

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

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

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

(e) If an event listed in paragraph (d) of this subsection has occurred, a statement of the circumstances surrounding the event.

(f) If the person nominated as fiduciary is not the petitioner, a statement indicating that the person nominated is willing and able to serve.

(g) The name and address of any fiduciary that has been appointed for the respondent by a court of any state, any trustee for a trust established by or for the respondent, any person appointed as a health care representative under the provisions of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and any person acting as attorney-in-fact for the respondent under a power of attorney.

(h) The name and address of the respondent’s treating physician and any other person who is providing care to the respondent.

(i) The factual information that:

(A) Except as provided in subparagraph (B) of this paragraph, supports the request for the appointment of a fiduciary or entry of other protective order, less restrictive alternatives to the appointment of a fiduciary that have been considered and why the alternatives are inadequate and the names and addresses of all persons who have information that would support a finding that an adult respondent is incapacitated or financially incapable.

(B) If the petition seeks appointment of a guardian for a vulnerable youth, supports a finding that the proposed protected person is a vulnerable youth.

(j) A statement that indicates whether the person nominated as fiduciary intends to place the respondent in a mental health treatment facility, a nursing home or other residential facility.

(k) A general description of the estate of the respondent and the respondent’s sources of income and the amount of that income.

(L) A statement indicating whether the person nominated as fiduciary is a public or private agency or organization that provides services to the respondent or an employee of a public or private agency or organization that provides services to the respondent.

(m) A statement that indicates whether the petitioner is petitioning for plenary authority or specified limited authority for the person nominated as fiduciary.

(3) In addition to the requirements of subsection (2) of this section:

(a) If a petition seeks appointment of a guardian, the petition must contain a statement on whether the guardian will exercise any control over the estate of the respondent. If the guardian will exercise any control over the estate of the respondent, the petition must contain a statement of the monthly income of the respondent, the sources of the respondent’s income, and the amount of any moneys that the guardian will be holding for the respondent at the time of the appointment.

(b) Except as provided in paragraph (c) of this subsection, if the petition seeks the appointment of a guardian for an adult respondent, of a guardian for a minor respondent who is more than 16 years of age, in cases where the court determines there is the likelihood that a petition seeking appointment of a guardian for the respondent as an adult will be filed before the date that the respondent attains majority, in accordance with subsection (6)(a) of this section, or as an adult, or of a temporary fiduciary who will exercise the powers of a guardian for an adult respondent, the petition must contain a statement notifying the court that a visitor must be appointed.

(c) If the petition seeks appointment of a guardian for a vulnerable youth, the petition must include:

(A) A statement that the court in its discretion may appoint a visitor; and

(B) Except as provided in subsection (6)(b) of this section, a declaration signed by the vulnerable youth consenting to the appointment of the proposed guardian.

(4) In addition to the requirements of subsection (2) of this section, if a petition seeks appointment of a conservator or a temporary fiduciary who will exercise the powers of a conservator or if a petition seeks a protective order relating to the estate of the respondent, the petition must contain the petitioner’s estimate of the value of the estate.

(5) A petitioner may join parties in a petition in the manner provided by ORCP 28 for the joining of defendants.

(6) Intentionally left blank —Ed.

(a) A parent or guardian of a minor may file a petition that seeks the appointment of a guardian for the minor as an adult, to become effective on the date that the minor attains majority, at any time within 90 days before the date that the minor attains majority or at any other time determined by the court to be necessary and appropriate to ensure the ongoing protection, safety and welfare of the minor upon attaining majority.

(b) If a petition for the appointment of a guardian for a vulnerable youth is filed when the respondent is a minor, the declaration of consent to appointment required under subsection (3)(c) of this section must be filed no later than 10 days after the respondent attains the age of majority.

(7) The court shall review a petition seeking appointment of a guardian and shall dismiss the proceeding without prejudice, or require that the petition be amended, if the court determines that the petition does not meet the requirements of this section. [1995 c.664 §7; 1997 c.717 §4; 2003 c.227 §3; 2013 c.71 §1; 2015 c.176 §2; 2017 c.391 §1; 2018 c.59 §2; 2021 c.399 §3; 2022 c.68 §4]

Source: Section 125.055 — Petitions in protective proceedings; filing fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 126.849 — OR Code / Title 13 / Chapter 126 / Section 126.849
126.849 Payments to and expenditures for beneficiary
Status: in_force

(1) A custodian may deliver or pay to the beneficiary or expend for the beneficiary’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the beneficiary, without court order and without regard to:

(a) The duty or ability of the custodian personally or of any other person to support the beneficiary; or

(b) Any other income or property of the beneficiary that may be applicable or available for that purpose.

(2) On petition of an interested person or the beneficiary if the beneficiary has attained 14 years of age, the court may order the custodian to deliver or pay to the beneficiary or expend for the beneficiary’s benefit so much of the custodial property as the court considers advisable for the use and benefit of the beneficiary.

(3) A delivery, payment or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the beneficiary. [1985 c.665 §15; 2005 c.349 §10]

Source: Section 126.849 — Payments to and expenditures for beneficiary; effect on duty to support beneficiary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 128.575 — OR Code / Title 13 / Chapter 128 / Section 128.575
128.575 Filing with Office of Secretary of State required
Status: in_force

(1) Any business trust desiring to do business in this state shall first submit to the Office of Secretary of State a copy of the trust instrument creating the trust and any subsequent amendments to the trust and a document setting forth:

(a) The business trust name and the state or country of formation;

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

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

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

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

(2) The filing described in subsection (1) of this section must be accompanied by the applicable filing fee.

(3) If the Secretary of State finds that the document contains the required information, the Secretary of State, when all fees have been paid, shall file the trust instrument and document and return an acknowledgment of filing to the sender.

(4) If a business trust amends a trust instrument, the business trust shall submit for filing a copy of the amendment to the Office of Secretary of State. The amendment must set forth:

(a) The name of the business trust as shown on the records of the Office of Secretary of State; and

(b) The information as changed. [1971 c.491 §4; 1973 c.367 §12; 1985 c.351 §21; 1985 c.728 §81a; 1987 c.94 §128; 1995 c.215 §24; 1999 c.486 §18; 2017 c.705 §30]

Source: Section 128.575 — Filing with Office of Secretary of State required; fees; amendments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 126.859 — OR Code / Title 13 / Chapter 126 / Section 126.859
126.859 Claims against custodial property
Status: in_force

(1) A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of custodial property or a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the beneficiary is personally liable therefor.

(2) A custodian is not personally liable:

(a) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(b) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(3) A beneficiary is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the beneficiary is personally at fault. [1985 c.665 §18; 2005 c.349 §12]

Source: Section 126.859 — Claims against custodial property; liability of custodian and beneficiary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 126.725 — OR Code / Title 13 / Chapter 126 / Section 126.725
126.725 Settlement agreement on behalf of minor
Status: in_force

(1) A person having legal custody of a minor may enter into a settlement agreement with a person against whom the minor has a claim if:

(a) A conservator has not been appointed for a minor;

(b) The total amount of the claim, not including reimbursement of medical expenses, liens, reasonable attorney fees and costs of suit, is $25,000 or less if paid in cash or if paid by the purchase of a premium for an annuity;

(c) The moneys paid under the settlement agreement will be paid as set forth in subsections (3) and (4) of this section; and

(d) The person entering into the settlement agreement on behalf of the minor completes an affidavit or verified statement that attests that the person has made a reasonable inquiry and that:

(A) To the best of the person’s knowledge, the minor will be fully compensated by the settlement; or

(B) There is no practical way to obtain additional amounts from the party entering into the settlement agreement with the minor.

(2) The attorney representing the person entering into the settlement agreement on behalf of the minor, if any, shall maintain the affidavit or verified statement completed under subsection (1)(d) of this section in the attorney’s file for two years after the minor attains the age of 21 years.

(3) The moneys payable under the settlement agreement must be paid as follows:

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

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

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

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

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

(a) Pursuant to court order;

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

(c) Upon the minor’s death.

(5) If a settlement agreement is entered into in compliance with subsection (1) of this section, the signature of the person entering into the settlement agreement on behalf of the minor is binding on the minor without the need for further court approval or review and has the same force and effect as if the minor were a competent adult entering into the settlement agreement.

(6) A person acting in good faith on behalf of a minor under this section is not liable to the minor for the moneys paid in settlement or for any other claim arising out of the settlement. [2007 c.874 §1; 2009 c.311 §1; 2011 c.188 §1]

Source: Section 126.725 — Settlement agreement on behalf of minor; payment or deposit; disbursement; liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 125.525 — OR Code / Title 13 / Chapter 125 / Section 125.525
125.525 Termination of conservatorship
Status: in_force

An order terminating the conservatorship of a living person shall direct the conservator to deliver the assets in the possession of the conservator to the protected person:

(1) Immediately, to the extent that the assets are not required for payment of expenses of administration and debts incurred by the conservator for the account of the estate of the protected person; and

(2) Upon entry of an order approving the final accounting or surcharging the conservator, to the extent of any balance remaining. [1995 c.664 §59; 2017 c.169 §59]

Source: Section 125.525 — Termination of conservatorship , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.210 — OR Code / Title 13 / Chapter 130 / Section 130.210
130.210 UTC 413. Cy pres
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, if a particular charitable purpose of a trust becomes unlawful, impracticable, impossible to achieve or wasteful:

(a) The trust does not fail, in whole or in part;

(b) The trust property does not revert to the settlor or the settlor’s successors in interest; and

(c) The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor’s charitable purposes.

(2) If a provision in the terms of a charitable trust would result in distribution of the trust property to a noncharitable beneficiary, a court may not apply cy pres to modify or terminate the trust under subsection (1)(c) of this section if, when the provision takes effect:

(a) The trust property is to revert to the settlor and the settlor is still living; or

(b) Fewer than 50 years have elapsed since the date of the trust’s creation. [2005 c.348 §33; 2009 c.275 §13]

Source: Section 130.210 — UTC 413. Cy pres , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.610 — OR Code / Title 13 / Chapter 128 / Section 128.610
128.610 Short title
Status: in_force

ORS 128.610 (Short title) to 128.769 (Rules) may be cited as the Charitable Trust and Corporation Act. [1963 c.583 §1; 1971 c.589 §1; 1981 c.593 §1; 1985 c.729 §25; 1985 c.730 §4]

Source: Section 128.610 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 127.703 — OR Code / Title 13 / Chapter 127 / Section 127.703
127.703 Required policies regarding mental health treatment rights information
Status: in_force

(1) All health care and mental health care organizations shall maintain written policies and procedures, applicable to all capable adults who are receiving mental health treatment by or through the organization, that provide for:

(a) Delivering to those individuals the following information and materials, in written form, without recommendation:

(A) Information on the rights of the individual under Oregon law to make mental health treatment decisions, including the right to accept or refuse mental health treatment and the right to execute declarations for mental health treatment;

(B) Information on the policies of the organization with respect to implementation of the rights of the individual under Oregon law to make mental health treatment decisions;

(C) A copy of the declaration for mental health treatment set forth in ORS 127.736 (Form of declaration) ; and

(D) The name of a person who can provide additional information concerning the forms for declarations for mental health treatment.

(b) Documenting in a prominent place in the individual’s medical record whether the individual has executed a declaration for mental health treatment.

(c) Ensuring compliance by the organization with Oregon law relating to declarations for mental health treatment.

(d) Educating the staff and the community on issues relating to declarations for mental health treatment.

(2) An organization need not furnish a copy of a declaration for mental health treatment to an individual if the organization has reason to believe that the individual has received a copy of a declaration in the form set forth in ORS 127.736 (Form of declaration) within the preceding 12-month period or has a validly executed declaration.

(3) The requirements of this section are in addition to any requirements that may be imposed under federal law and shall be interpreted in a manner consistent with federal law. Nothing in this section requires any health care or mental health care organization, or any employee or agent of an organization, to act in a manner inconsistent with federal law or contrary to individual religious or philosophical beliefs.

(4) No health care or mental health care organization shall be subject to criminal prosecution or civil liability for failure to comply with this section.

(5) For purposes of this section, “health care or mental health care organization” means a health care organization as defined in ORS 127.646 (Definitions for ORS 127.646 to 127.654) or a community mental health program or facility that provides mental health services. [1997 c.563 §5]

Source: Section 127.703 — Required policies regarding mental health treatment rights information; declarations for mental health treatment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.120 — OR Code / Title 13 / Chapter 130 / Section 130.120
130.120 UTC 305. Appointment of special representative
Status: in_force

(1) If the court determines that the interest of a person is not represented under ORS 130.100 (UTC 301. Representation) to 130.120 (UTC 305. Appointment of special representative) , or that the otherwise available representation might be inadequate, the court may appoint a special representative to receive notice, give consent and otherwise represent, bind and act on behalf of a minor, financially incapable individual or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable. A special representative may be appointed to represent several persons or interests, if the interests of the persons represented do not conflict.

(2) A special representative may act on behalf of the individual represented with respect to any matter that the court has authorized, whether or not a judicial proceeding concerning the trust is pending.

(3) In making decisions, a special representative may consider general benefit accruing to the living members of the individual’s family.

(4) A person appointed as special representative must have appropriate skills and experience necessary to adequately represent the individual in the matter for which the special representative is appointed. A special representative may not have an interest in the trust that is the subject of the appointment of the special representative. A special representative may not be related to a personal representative of an estate with an interest in the trust, or to a trustee, beneficiary or other person with an interest in the trust.

(5) A person requesting the appointment of a special representative must file a petition with the court describing the proposed special representative, the need for a special representative, the qualifications of the special representative, the person or persons who will be represented, the actions that the special representative will take and the approximate date or event when the authority of the special representative will terminate. The person seeking to serve as special representative must file a consent to serve.

(6) A special representative appointed under this section is entitled to reasonable compensation for services. The trustee shall pay compensation to the special representative from the principal of the trust that is attributable to those beneficiaries who are represented. If the beneficiaries who are represented do not have principal that is attributable to them, compensation is an administrative expense of the trust.

(7) Upon completion of the responsibilities of the special representative, the special representative shall move the court for an order discharging the special representative. Upon order of the court, a special representative appointed under this section shall be discharged from any further responsibility with respect to the trust. [2005 c.348 §20]

CREATION, VALIDITY, MODIFICATION AND TERMINATION OF TRUST

Source: Section 130.120 — UTC 305. Appointment of special representative , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.020 — OR Code / Title 13 / Chapter 130 / Section 130.020
130.020 UTC 105. Default and mandatory rules
Status: in_force

(1) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.

(2) Except as provided in subsection (3) of this section, the terms of a trust may expand, restrict, eliminate or otherwise vary any laws of general application to trustees pertaining to the manner in which the trustee should invest assets, including whether to engage in one or more sustainable or socially responsible investment strategies in addition to or in place of other investment strategies, with or without regard to investment performance.

(3) The terms of a trust prevail over the provisions of this chapter except:

(a) The requirements of ORS 130.150 (UTC 401. Methods of creating trust) to 130.190 (UTC 409. Noncharitable trust without ascertainable beneficiary) governing the creation of a trust.

(b) The duty of a trustee to act in good faith and in accordance with the purposes of the trust.

(c) The requirement that a trust and the terms of a trust be for the benefit of the trust beneficiaries, and that the trust have a purpose that is lawful, not contrary to public policy and possible to achieve.

(d) The power of the court to modify or terminate a trust under ORS 130.195 (UTC 410. Modification or termination of trust) to 130.225 (UTC 416. Modification to achieve settlor’s tax objectives) .

(e) The effect of a spendthrift provision and the rights of creditors and assignees to reach interests in a trust as provided in ORS 130.300 (UTC 501. Rights of beneficiary’s creditor or assignee) to 130.325 (UTC 507. Personal obligations of trustee) .

(f) The power of the court under ORS 130.605 (UTC 702. Trustee’s bond) to require, dispense with, modify or terminate a bond.

(g) The power of the court under ORS 130.635 (UTC 708. Compensation of trustee) (2) to adjust a trustee’s compensation specified in the terms of the trust if the compensation is unreasonably low or high.

(h) Subject to subsection (4) of this section, the duty under ORS 130.710 (UTC 813. Duty to inform and report) (2)(b) and (c) to notify qualified beneficiaries of an irrevocable trust of the existence of the trust, of the identity of the trustee and of their right to request trustee reports.

(i) Subject to subsection (4) of this section, the duty under ORS 130.710 (UTC 813. Duty to inform and report) (1) to respond to the request of a qualified beneficiary of an irrevocable trust for trustee reports and other information reasonably related to the administration of a trust.

(j) The effect of an exculpatory term under ORS 130.835 (UTC 1008. Exculpation of trustee) .

(k) The rights under ORS 130.845 (UTC 1010. Limitation on personal liability of trustee) , 130.850 (UTC 1011. Interest as general partner) , 130.855 (UTC 1012. Protection of person dealing with trustee) and 130.860 (UTC 1013. Certification of trust) of a person other than a trustee or beneficiary.

(L) Periods of limitation for commencing a judicial proceeding.

(m) The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.

(n) The subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in ORS 130.060 (UTC 203. Subject-matter jurisdiction) and 130.065 (UTC 204. Venue) .

(4) Except as provided in subsection (5) of this section, the settlor, in the trust instrument or in another writing delivered to the trustee, may waive or modify the duties of a trustee under ORS 130.710 (UTC 813. Duty to inform and report) to give notice, information and reports to qualified beneficiaries by:

(a) Waiving or modifying those duties during the period that either the settlor is alive and financially capable, or the settlor’s spouse, if a qualified beneficiary, is alive and financially capable; or

(b) Designating a person or persons to act in good faith to protect the interests of qualified beneficiaries and to receive any notice, information or reports required under ORS 130.710 (UTC 813. Duty to inform and report) (1), (2)(b) to (d) and (3) in lieu of providing the notice, information or reports to the qualified beneficiaries.

(5) All reports under ORS 130.710 (UTC 813. Duty to inform and report) (3) that contain information relating to termination of the trust must be provided to the qualified beneficiaries and to any person or persons designated under subsection (4)(b) of this section. [2005 c.348 §5; 2009 c.275 §2; 2019 c.546 §1]

Source: Section 130.020 — UTC 105. Default and mandatory rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.765 — OR Code / Title 13 / Chapter 130 / Section 130.765
130.765 Trustee duty
Status: in_force

Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets in order to bring the trust portfolio into compliance with the requirements of ORS 130.750 (Trustee’s duty to comply with prudent investor rule) to 130.775 (Trust language authorizing investments permitted under prudent investor rule) and with the purposes, terms, distribution requirements and other circumstances of the trust. [2005 c.348 §80]

Source: Section 130.765 — Trustee duty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.495 — OR Code / Title 13 / Chapter 125 / Section 125.495
125.495 Payment of claims against estate or protected person
Status: in_force

(1) A conservator shall pay from the estate claims against the estate and against the protected person arising before or after the conservatorship upon their presentation, allowance and maturity. Claims that become absolute at an uncertain event may not be allowed. The conservator may allow claims against the estate of a protected person in part and disallow them in part.

(2) A claim may be presented by either of the following methods:

(a) The claimant may deliver or mail to the conservator or the attorney for the conservator a written statement of the claim stating the basis of the claim, the name and address of the claimant and of the claimant’s attorney if the claimant is represented by an attorney in respect to the claim, and the amount claimed.

(b) The claimant may file the claim with the clerk of the court in which the proceeding is pending, captioned in a manner that will identify the protected person and the clerk’s number of the proceeding, and deliver or mail a copy of the statement to the conservator or the attorney of the conservator.

(3) If the conservator disallows the claim in whole or in part, or if the conservator finds that the claim is valid but not due, the conservator shall notify the claimant or the attorney of the claimant in writing of the disallowance or finding of the conservator.

(4) The presentation of a claim and any defect in form or substance may be waived by the conservator or by the court if the claim, properly stated, is a valid and absolute obligation of the estate.

(5) The conservator may reconsider any claim previously rejected or allowed, or may compromise any claim against the estate of a protected person, including contingent, unliquidated and unmatured claims. [1995 c.664 §53]

Source: Section 125.495 — Payment of claims against estate or protected person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.732 — OR Code / Title 13 / Chapter 127 / Section 127.732
127.732 Withdrawal of attorney-in-fact
Status: in_force

(1) An attorney-in-fact may withdraw by giving notice to the principal. If a principal is incapable, the attorney-in-fact may withdraw by giving notice to the attending physician or provider. The attending physician or provider shall note the withdrawal as part of the principal’s medical record.

(2) A person who has withdrawn under the provisions of subsection (1) of this section may rescind the withdrawal by executing an acceptance after the date of the withdrawal. The acceptance must be in the same form as provided by ORS 127.736 (Form of declaration) for accepting an appointment. A person who rescinds a withdrawal must give notice to the principal if the principal is capable or to the principal’s health care provider if the principal is incapable. [1993 c.442 §14]

Source: Section 127.732 — Withdrawal of attorney-in-fact; rescission of withdrawal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.900 — OR Code / Title 13 / Chapter 130 / Section 130.900
130.900 Uniformity of application and construction
Status: in_force

In applying and construing ORS chapter 130, consideration must be given to the need to promote uniformity of the law with respect to trusts among states that enact the Uniform Trust Code. [2005 c.348 §96]

Note: 130.900 (Uniformity of application and construction) to 130.910 (UTC 1106. Application) were enacted into law by the Legislative Assembly but were 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 130.900 — Uniformity of application and construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.100 — OR Code / Title 13 / Chapter 130 / Section 130.100
130.100 UTC 301. Representation
Status: in_force

(1) Notice to a person who may represent and bind another person under ORS 130.100 (UTC 301. Representation) to 130.120 (UTC 305. Appointment of special representative) has the same effect as if notice were given directly to the other person. Notice to a representative must comply with ORS 130.035 (UTC 109. Methods of giving notice) (4).

(2) The consent of a person who may represent and bind another person under ORS 130.100 (UTC 301. Representation) to 130.120 (UTC 305. Appointment of special representative) is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.

(3) Except as otherwise provided in ORS 130.200 (UTC 411. Modification or termination of irrevocable trust by consent) and 130.505 (UTC 602. Revocation or amendment of revocable trust) , a person who is authorized to represent a financially incapable settlor under ORS 130.100 (UTC 301. Representation) to 130.120 (UTC 305. Appointment of special representative) may receive notice and give binding consent on the settlor’s behalf.

(4) A settlor may not represent and bind a beneficiary under ORS 130.100 (UTC 301. Representation) to 130.120 (UTC 305. Appointment of special representative) with respect to the termination or modification of an irrevocable trust under ORS 130.200 (UTC 411. Modification or termination of irrevocable trust by consent) (1). [2005 c.348 §16]

Source: Section 130.100 — UTC 301. Representation; basic effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.098 — OR Code / Title 13 / Chapter 125 / Section 125.098
125.098 Factors in determining award of attorney fees
Status: in_force

(1) As used in this section, “party” means a person represented by an attorney when a request for court approval and payment of attorney fees has been made relating to a protective proceeding under ORS 125.095 (Fees, costs and disbursements payable in protective proceedings) .

(2) A court shall consider the following factors in determining whether to award attorney fees under ORS 125.095 (Fees, costs and disbursements payable in protective proceedings) :

(a) The benefit to the person subject to the protective proceeding by the party’s actions in the proceeding, which factor shall be given the greatest weight in the court’s consideration under this section.

(b) The objective reasonableness of the position asserted by the party.

(c) The party’s self-interest in the outcome of the proceeding.

(d) Whether the relief sought by the party was granted in whole or in part, subject to the respondent’s right to contest the proceeding.

(e) The conduct of the party in the transactions or occurrences that gave rise to the need for a protective proceeding, including any conduct of the party that was reckless, willful, malicious, in bad faith or illegal.

(f) The extent to which an award of attorney fees in the proceeding would deter others from asserting good faith positions in similar proceedings.

(g) The extent to which an award of attorney fees in the proceeding would deter others from asserting meritless positions in similar proceedings.

(h) The objective reasonableness of the party and the diligence of the party and the attorney during the proceeding.

(i) The objective reasonableness of the party and the diligence of the party in pursuing settlement of the dispute.

(j) Any other factor the court may consider appropriate under the circumstances of the proceeding.

(3) A court shall consider the factors specified in subsection (2) of this section in determining the amount of an award of attorney fees under ORS 125.095 (Fees, costs and disbursements payable in protective proceedings) . In addition, the court shall consider the following factors in determining the amount of an award of attorney fees:

(a) The time and labor required in the proceeding, the novelty and difficulty of the issues involved and the skill needed to provide the legal services.

(b) The likelihood that the acceptance of the employment on behalf of the party by the attorney would preclude the attorney from other employment, when the likelihood should be apparent or was made apparent to the party.

(c) The fee customarily charged by an attorney in the locality for similar legal services.

(d) The time limitations imposed by the party or the circumstances of the proceeding.

(e) The experience, reputation and ability of the attorney providing the legal services.

(f) The amount of the attorney fees requested relative to the estate of the person subject to the protective proceeding, whether or not the estate of the person subject to the protective proceeding is subject to the direct or indirect control of a conservator.

(4) Except as provided in subsection (2)(a) of this section, no single factor listed in subsections (2) and (3) of this section shall be controlling in the court’s determination regarding attorney fees under this section.

(5) In an appeal from the award of or denial of a request for attorney fees under ORS 125.095 (Fees, costs and disbursements payable in protective proceedings) and this section, the court reviewing the award may not modify the decision of the court below in making or denying an award, or the decision of that court as to the amount of the award, except upon a finding of an abuse of discretion. [2013 c.99 §3; 2015 c.127 §1]

Source: Section 125.098 — Factors in determining award of attorney fees; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.540 — OR Code / Title 13 / Chapter 127 / Section 127.540
127.540 Limitations on authority of health care representative
Status: in_force

ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) do not authorize an appointed health care representative to make a health care decision with respect to any of the following on behalf of the principal:

(1) Convulsive treatment.

(2) Psychosurgery.

(3) Sterilization.

(4) Abortion.

(5) Withholding or withdrawing of a life-sustaining procedure unless:

(a) The appointed health care representative has been given authority to make decisions on withholding or withdrawing life-sustaining procedures; or

(b) The principal has been medically confirmed to be in one of the following conditions:

(A) A terminal condition.

(B) Permanently unconscious.

(C) A condition in which administration of life-sustaining procedures would not benefit the principal’s medical condition and would cause permanent and severe pain.

(D) A progressive, debilitating illness that will be fatal and is in its advanced stages, and the principal is consistently and permanently unable to communicate, swallow food and water safely, care for the principal, and recognize the principal’s family and other people, and there is no reasonable chance that the principal’s underlying condition will improve.

(6) Withholding or withdrawing artificially administered nutrition and hydration, other than hyperalimentation, necessary to sustain life except as provided in ORS 127.580 (Presumption of consent to artificially administered nutrition and hydration) . [1989 c.914 §8; 1993 c.442 §18; 1993 c.767 §10; 2011 c.149 §1]

(Provisions Generally Applicable

to Advance Directives and

Health Care Decisions)

Source: Section 127.540 — Limitations on authority of health care representative , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.615 — OR Code / Title 13 / Chapter 130 / Section 130.615
130.615 UTC 704. Vacancy in trusteeship
Status: in_force

(1) A vacancy in a trusteeship occurs if:

(a) A person designated as trustee rejects the trusteeship;

(b) A person designated as trustee cannot be identified, cannot be located or does not exist;

(c) A trustee resigns;

(d) A trustee is disqualified or removed;

(e) A trustee dies; or

(f) A guardian or conservator is appointed for an individual serving as trustee.

(2) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.

(3) A vacancy in a trusteeship of a noncharitable trust 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 to act as successor trustee;

(b) By a person appointed by unanimous agreement of the qualified beneficiaries; or

(c) By a person appointed by the court.

(4) A vacancy in a trusteeship of a charitable trust 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 to act as successor trustee;

(b) By a person appointed by unanimous agreement of all qualified beneficiaries and the Attorney General; or

(c) By a person appointed by the court.

(5) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust. [2005 c.348 §53; 2013 c.529 §13]

Source: Section 130.615 — UTC 704. Vacancy in trusteeship; appointment of successor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.012 — OR Code / Title 13 / Chapter 125 / Section 125.012
125.012 Petition for protective order
Status: in_force

(1) As used in this section:

(a) “Party” means:

(A) A person who is the subject of a petition for a protective order.

(B) A person who has petitioned for appointment, or who has been appointed, as a fiduciary for a protected person under this chapter.

(C) A person, not otherwise a party under this paragraph, who has filed objections as allowed under this chapter.

(D) A visitor appointed by the court in a proceeding under this chapter.

(E) Any other person who has filed a petition or motion in a proceeding under this chapter.

(b) “Protected health information” has the meaning given that term in ORS 192.556 (Definitions for ORS 192.553 to 192.581) .

(c) “Protective services” has the meaning given that term in ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619) .

(2) The Department of Human Services or the Oregon Health Authority, for the purpose of providing protective services, may petition for a protective order under this chapter. When the department or authority, or a petitioning attorney with whom the department or authority has contracted, petitions for a protective order under this section, the department or authority shall disclose to the court or to the petitioning attorney only a minimum amount of information about the person who is the subject of the petition, including protected health, mental health, financial, substantiated abuse and legal information, as is reasonably necessary to prevent or lessen a serious and imminent threat to the health or safety of the person who is the subject of the petition or protective order.

(3) When a petition for a protective order is filed under this chapter by a person other than the Department of Human Services, the Oregon Health Authority or an attorney with whom the department or authority has contracted, or when a protective order has already been entered, the department or authority may disclose to a court protected health, mental health, financial, substantiated abuse and legal information about the person who is the subject of the petition or protective order, or about a person who has petitioned for appointment, or who has been appointed, as a fiduciary for a protected person under this chapter. The department or authority may disclose such information without authorization from the person or fiduciary if the disclosure is made in good faith and with the belief that the disclosure is the minimum amount of information about the person or fiduciary as is reasonably necessary to prevent or lessen a serious and imminent threat to the health or safety of the person who is the subject of the petition or protective order.

(4) Intentionally left blank —Ed.

(a) All confidential and protected health, mental health, financial, substantiated abuse and legal information disclosed by the Department of Human Services, the Oregon Health Authority or an attorney with whom the department or authority has contracted under this section must remain confidential.

(b) Information disclosed under this section must be identified and marked by the entity or person making the disclosure as confidential and protected information that is subject to the requirements of this subsection.

(c) Information disclosed under this section is subject to inspection only by the parties to the proceedings and their attorneys as provided in subsection (5) of this section. Information disclosed under this section is not subject to inspection by members of the public except pursuant to a court order entered after a showing of good cause. Good cause under this paragraph includes the need for inspection of the information by an attorney considering representation of the person who is the subject of the petition or protective order, or of a person who has petitioned for appointment, or who has been appointed, as a fiduciary for a protected person under this chapter.

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

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

(6) Nothing in this section is intended to limit the application of ORS 125.050 (Application of ORCP and Oregon Evidence Code) to the use of information disclosed under this section in proceedings under this chapter.

(7) Information may be disclosed under this section only for the purpose of providing protective services. [2009 c.512 §2; 2011 c.229 §1]

Source: Section 125.012 — Petition for protective order; disclosure of information; confidentiality; inspection; visitor report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.165 — OR Code / Title 13 / Chapter 130 / Section 130.165
130.165 UTC 404. Trust purposes
Status: in_force

A trust may be created only to the extent the purposes of the trust are lawful, not contrary to public policy and possible to achieve. A trust and its terms must be for the benefit of the trust’s beneficiaries. [2005 c.348 §24]

Source: Section 130.165 — UTC 404. Trust purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.683 — OR Code / Title 13 / Chapter 125 / Section 125.683
125.683 Needs assessment
Status: in_force

(1) In providing public guardian and conservator services, the Oregon Public Guardian and Conservator shall conduct a needs assessment for a person who claims or is claimed not to have relatives or friends willing or able to assume the duties of guardianship or conservatorship and who claims or is claimed to lack the financial resources to obtain a private guardian or conservator. The purpose of the needs assessment is to determine the person’s eligibility to receive public guardian and conservator services and to determine the appropriateness of filing a petition for the appointment of a fiduciary or other pleading on behalf of the person in a court having probate jurisdiction. The needs assessment shall, at a minimum:

(a) Assess the person’s capacity to:

(A) Care for the person’s own safety;

(B) Manage the person’s own financial affairs; and

(C) Attend to and provide for necessities such as food, shelter, clothing and medical care;

(b) Assess the person’s financial resources;

(c) Determine whether information that is available about the person is sufficient to support a finding that the person is incapacitated or financially incapable and the entry of a court order for the appointment of a fiduciary under ORS 125.010 (Protective proceedings) ;

(d) Determine whether any other person may be willing and able to serve as the person’s guardian or conservator and, if appropriate, locate and contact that other person;

(e) Determine the type of fiduciary, if any, to request in a petition filed under ORS 125.055 (Petitions in protective proceedings) , giving preference to the least intrusive form of fiduciary relationship consistent with the best interests of the person; and

(f) Determine how best to provide public guardian and conservator services to the person that are least restrictive to the person’s liberty, that are least intrusive to the person and that provide for the greatest degree of independence that the person is capable of exercising.

(2) Intentionally left blank —Ed.

(a) If the person is a resident of a nursing home as defined in ORS 678.710 (Definitions for ORS 678.710 to 678.820) or a residential facility as defined in ORS 441.402 (Definitions for ORS 441.402 to 441.419) , the nursing home or residential facility shall provide the Oregon Public Guardian and Conservator access to the person’s records as is necessary to conduct the needs assessment required under this section.

(b) Any other public agency that has provided or is providing care or services to the person shall disclose to the Oregon Public Guardian and Conservator, upon request, a minimum amount of information about the person for whom the needs assessment is being conducted, including protected health information as defined in ORS 192.556 (Definitions for ORS 192.553 to 192.581) and financial information, as is reasonably necessary to prevent or lessen a serious and imminent threat to the health or safety of the person who is the subject of the needs assessment. For purposes of this paragraph, a request from the Oregon Public Guardian and Conservator for the purpose of conducting a needs assessment is presumed to be a situation that will prevent or lessen a serious and imminent threat to the health or safety of the person.

(c) Any health care provider not identified in either paragraph (a) or (b) of this subsection may disclose protected health information to the Oregon Public Guardian and Conservator in accordance with 45 C.F.R. 164.512 (j) to prevent or lessen a serious or imminent threat to the health or safety of a person if the health care provider, in good faith, believes the disclosure is necessary to prevent or lessen the threat. For purposes of this paragraph, a request from the Oregon Public Guardian and Conservator for disclosure under this paragraph for the purposes of conducting a needs assessment, or the good faith belief and disclosure of the health care provider under this paragraph, are presumed to be situations that will prevent or lessen a serious and imminent threat to the health or safety of the person.

(3) For each person determined to be eligible for public guardian and conservator services under this section, the Oregon Public Guardian and Conservator shall develop a written plan setting forth the type and duration of services to be provided by the Oregon Public Guardian and Conservator. The plan shall be included in any nonemergency petition or pleading filed with the court. [2014 c.117 §5; 2017 c.310 §2]

Source: Section 125.683 — Needs assessment; access to records; written plan for services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.529 — OR Code / Title 13 / Chapter 127 / Section 127.529
127.529 Form of advance directive
Status: in_force

An advance directive executed by an Oregon resident or by a resident of any other state while physically present in this state must be in substantially the following form:

• This Advance Directive form allows you to:

• Share your values, beliefs, goals and wishes for health care if you are not able to express them yourself.

• Name a person to make your health care decisions if you could not make them for yourself. This person is called your health care representative and they must agree to act in this role.

• Be sure to discuss your Advance Directive and your wishes with your health care representative. This will allow them to make decisions that reflect your wishes. It is recommended that you complete this entire form.

• The Oregon Advance Directive for Health Care form and Your Guide to the Oregon Advance Directive are available on the Oregon Health Authority’s website.

• In sections 1, 2, 5, 6 and 7 you appoint a health care representative.

• In sections 3 and 4 you provide instructions about your care.

The Advance Directive form allows you to express your preferences for health care. It is not the same as Portable Orders for Life Sustaining Treatment (POLST) as defined in ORS 127.663 (Definitions for ORS 127.663 to 127.684) . You can find more information about the POLST in Your Guide to the Oregon Advance Directive.

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 or are unable to make your own medical decisions. The person is called a health care representative. If you do not have an effective health care representative appointment and you become too sick to speak for yourself, 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) and this person can only decide to withhold or withdraw life sustaining treatments if you meet one of the conditions set forth in ORS 127.635 (Withdrawal of life-sustaining procedures) (1).

This form also allows you to express your values and beliefs with respect to health care decisions and your preferences for health care.

• If you have completed an advance directive in the past, this new advance directive will replace any older directive.

• 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 your advance directive includes directions regarding the withdrawal of life support or tube feeding, you may revoke your advance directive at any time and in any manner that expresses your desire to revoke it.

• In all other cases, you may revoke your advance directive at any time and in any manner as long as you are capable of making medical decisions.

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 HEALTH CARE INSTRUCTIONS

This section is the place for you to express your wishes, values and goals for care. Your instructions provide guidance for your health care representative and health care providers.

You can provide guidance on your care with the choices you make below. This is the case even if you do not choose a health care representative or if they cannot be reached.

A. MY HEALTH CARE DECISIONS:

There are three situations below for you to express your wishes. They will help you think about the kinds of life support decisions your health care representative could face. For each, choose the one option that most closely fits your wishes.

a. Terminal Condition

This is what I want if:

• I have an illness that cannot be cured or reversed.

AND

• My health care providers believe it will result in my death within six months, regardless of any treatments.

Initial one option only.

___ I want to try all available treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis and breathing machines.

___ I want to try to sustain my life with artificial feeding and hydration with feeding tubes and IV fluids. I do not want other treatments to sustain my life, such as kidney dialysis and breathing machines.

___ I do not want treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis or breathing machines. I want to be kept comfortable and be allowed to die naturally.

___ I want my health care representative to decide for me, after talking with my health care providers and taking into account the things that matter to me. I have expressed what matters to me in section B below.

b. Advanced Progressive Illness

This is what I want if:

• I have an illness that is in an advanced stage.

AND

• My health care providers believe it will not improve and will very likely get worse over time and result in death.

AND

• My health care providers believe I will never be able to:

- Communicate

- Swallow food and water safely

- Care for myself

- Recognize my family and other people

Initial one option only.

___ I want to try all available treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis and breathing machines.

___ I want to try to sustain my life with artificial feeding and hydration with feeding tubes and IV fluids. I do not want other treatments to sustain my life, such as kidney dialysis and breathing machines.

___ I do not want treatments to sustain my life, such as artificial feeding an hydration with feeding tubes, IV fluids, kidney dialysis or breathing machines. I want to be kept comfortable and be allowed to die naturally.

___ I want my health care representative to decide for me, after talking with my health care providers and taking into account the things that matter to me. I have expressed what matters to me in section B below.

c. Permanently Unconscious

This is what I want if:

I am not conscious.

AND

If my health care providers believe it is very unlikely that I will ever become conscious again.

Initial one option only.

___ I want to try all available treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis and breathing machines.

___ I want to try to sustain my life with artificial feeding and hydration with feeding tubes and IV fluids. I do not want other treatments to sustain my life, such as kidney dialysis and breathing machines.

___ I do not want treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis or breathing machines. I want to be kept comfortable and be allowed to die naturally.

___ I want my health care representative to decide for me, after talking with my health care providers and taking into account the things that matter to me. I have expressed what matters to me in section B below.

You may write in the space below or attach pages to say more about what kind of care you want or do not want.

B. WHAT MATTERS MOST TO ME AND FOR ME:

This section only applies when you are in a terminal condition, have an advanced progressive illness or are permanently unconscious. If you wish to use this section, you can communicate the things that are really important to you and for you. This will help your health care representative.

This is what you should know about what is important to me about my life:

This is what I value the most about my life:

This is what is important for me about my life:

I do not want life-sustaining procedures if I can not be supported and be able to engage in the following ways:

Initial all that apply.

___ Express my needs.

___ Be free from long-term severe pain and suffering.

___ Know who I am and who I am with.

___ Live without being hooked up to mechanical life support.

___ Participate in activities that have meaning to me, such as:

If you want to say more to help your health care representative understand what matters most to you, write it here. (For example: I do not want care if it will result in....)

C. MY SPIRITUAL BELIEFS

Do you have spiritual or religious beliefs you want your health care representative and those taking care of you to know? They can be rituals, sacraments, denying blood product transfusions and more.

You may write in the space below or attach pages to say more about your spiritual or religious beliefs.

4. MORE INFORMATION

Use this section if you want your health care representative and health care providers to have more information about you.

A. LIFE AND VALUES

Below you can share about your life and values. This can help your health care representative and health care providers make decisions about your health care. This might include family history, experiences with health care, cultural background, career, social support system and more.

You may write in the space below or attach pages to say more about your life, beliefs and values.

B. PLACE OF CARE:

If there is a choice about where you receive care, what do you prefer? Are there places you want or do not want to receive care? (For example, a hospital, a nursing home, a mental health facility, an adult foster home, assisted living, your home.)

You may write in the space below or attach pages to say more about where you prefer to receive care or not receive care.

C. OTHER:

You may attach to this form other documents you think will be helpful to your health care representative and health care providers. What you attach will be part of your Advance Directive.

You may list documents you have attached in the space below.

D. INFORM OTHERS:

You can allow your health care representative to authorize your health care providers to the extent permitted by state and federal privacy laws to discuss your health status and care with the people you write in below. Only your health care representative can make decisions about your care.

Name: _______________

Relationship: _________

Telephone numbers: (Home) _____

(Work) _____ (Cell) _____

Address: __________________

E-mail: _______________

5. MY SIGNATURE

My signature: _______________

Date: _________

6. WITNESS

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 alternative health care representative, and I am not the person’s attending health care provider.

Witness Name (print): ________

Signature: _______________

Date: _______________

Witness Name (print): ________

Signature: _______________

Date: _______________

7. 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: _________

[2021 c.328 §2]

Source: Section 127.529 — Form of advance directive , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 128.332 — OR Code / Title 13 / Chapter 128 / Section 128.332
128.332 Reviewing compliance
Status: in_force

Compliance with ORS 128.305 (Short title) to 128.336 (Uniformity of application and construction) is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. [2007 c.554 §6]

Source: Section 128.332 — Reviewing compliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 127.885 — OR Code / Title 13 / Chapter 127 / Section 127.885
127.885 §4.01. Immunities
Status: in_force

Except as provided in ORS 127.890 (§4.02. Liabilities) :

(1) No person shall be subject to civil or criminal liability or professional disciplinary action for participating in good faith compliance with ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) . This includes being present when a qualified patient takes the prescribed medication to end his or her life in a humane and dignified manner.

(2) No professional organization or association, or health care provider, may subject a person to censure, discipline, suspension, loss of license, loss of privileges, loss of membership or other penalty for participating or refusing to participate in good faith compliance with ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) .

(3) No request by a patient for or provision by an attending physician of medication in good faith compliance with the provisions of ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) shall constitute neglect for any purpose of law or provide the sole basis for the appointment of a guardian or conservator.

(4) No health care provider shall be under any duty, whether by contract, by statute or by any other legal requirement to participate in the provision to a qualified patient of medication to end his or her life in a humane and dignified manner. If a health care provider is unable or unwilling to carry out a patient’s request under ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) , and the patient transfers his or her care to a new health care provider, the prior health care provider shall transfer, upon request, a copy of the patient’s relevant medical records to the new health care provider.

(5) Intentionally left blank —Ed.

(a) Notwithstanding any other provision of law, a health care provider may prohibit another health care provider from participating in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) on the premises of the prohibiting provider if the prohibiting provider has notified the health care provider of the prohibiting provider’s policy regarding participating in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) . Nothing in this paragraph prevents a health care provider from providing health care services to a patient that do not constitute participation in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) .

(b) Notwithstanding the provisions of subsections (1) to (4) of this section, a health care provider may subject another health care provider to the sanctions stated in this paragraph if the sanctioning health care provider has notified the sanctioned provider prior to participation in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) that it prohibits participation in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) :

(A) Loss of privileges, loss of membership or other sanction provided pursuant to the medical staff bylaws, policies and procedures of the sanctioning health care provider if the sanctioned provider is a member of the sanctioning provider’s medical staff and participates in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) while on the health care facility premises, as defined in ORS 442.015 (Definitions) , of the sanctioning health care provider, but not including the private medical office of a physician or other provider;

(B) Termination of lease or other property contract or other nonmonetary remedies provided by lease contract, not including loss or restriction of medical staff privileges or exclusion from a provider panel, if the sanctioned provider participates in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) while on the premises of the sanctioning health care provider or on property that is owned by or under the direct control of the sanctioning health care provider; or

(C) Termination of contract or other nonmonetary remedies provided by contract if the sanctioned provider participates in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) while acting in the course and scope of the sanctioned provider’s capacity as an employee or independent contractor of the sanctioning health care provider. Nothing in this subparagraph shall be construed to prevent:

(i) A health care provider from participating in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) while acting outside the course and scope of the provider’s capacity as an employee or independent contractor; or

(ii) A patient from contracting with his or her attending physician and consulting physician to act outside the course and scope of the provider’s capacity as an employee or independent contractor of the sanctioning health care provider.

(c) A health care provider that imposes sanctions pursuant to paragraph (b) of this subsection must follow all due process and other procedures the sanctioning health care provider may have that are related to the imposition of sanctions on another health care provider.

(d) For purposes of this subsection:

(A) “Notify” means a separate statement in writing to the health care provider specifically informing the health care provider prior to the provider’s participation in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) of the sanctioning health care provider’s policy about participation in activities covered by ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) .

(B) “Participate in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) ” means to perform the duties of an attending physician pursuant to ORS 127.815 (§3.01. Attending physician responsibilities) , the consulting physician function pursuant to ORS 127.820 (§3.02. Consulting physician confirmation) or the counseling function pursuant to ORS 127.825 (§3.03. Counseling referral) . “Participate in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) ” does not include:

(i) Making an initial determination that a patient has a terminal disease and informing the patient of the medical prognosis;

(ii) Providing information about the Oregon Death with Dignity Act to a patient upon the request of the patient;

(iii) Providing a patient, upon the request of the patient, with a referral to another physician; or

(iv) A patient contracting with his or her attending physician and consulting physician to act outside of the course and scope of the provider’s capacity as an employee or independent contractor of the sanctioning health care provider.

(6) Suspension or termination of staff membership or privileges under subsection (5) of this section is not reportable under ORS 441.820 (Procedure for termination of physician’s privilege to practice medicine at health care facility) . Action taken pursuant to ORS 127.810 (§2.02. Form of the written request) , 127.815 (§3.01. Attending physician responsibilities) , 127.820 (§3.02. Consulting physician confirmation) or 127.825 (§3.03. Counseling referral) shall not be the sole basis for a report of unprofessional or dishonorable conduct under ORS 677.415 (Investigation of incompetence) (3), (4), (5) or (6).

(7) No provision of ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) shall be construed to allow a lower standard of care for patients in the community where the patient is treated or a similar community. [1995 c.3 §4.01; 1999 c.423 §10; 2003 c.554 §3]

Note: As originally enacted by the people, the leadline to section 4.01 read “Immunities.” The remainder of the leadline was added by editorial action.

Source: Section 127.885 — §4.01. Immunities; basis for prohibiting health care provider from participation; notification; permissible sanctions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 124.025 — OR Code / Title 13 / Chapter 124 / Section 124.025
124.025 Removal of personal effects
Status: in_force

(1) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 124.020 (Ex parte hearing) shall remain for up to 20 minutes and may temporarily interrupt the removal of property at any time. Nothing in this subsection shall affect a peace officer’s duty to arrest under ORS 133.055 (Criminal citation) and 133.310 (Authority of peace officer to arrest without warrant) .

(2) The party removing essential personal effects from the residence pursuant to an order issued under ORS 124.020 (Ex parte hearing) is entitled to be accompanied by a peace officer on one occasion only.

(3) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 124.020 (Ex parte hearing) shall have immunity from any liability, civil or criminal, for any actions of the party committed during the removal of essential personal effects. [1995 c.666 §7]

Source: Section 124.025 — Removal of personal effects; accompanying peace officer; limitation on liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 128.318 — OR Code / Title 13 / Chapter 128 / Section 128.318
128.318 Standard of conduct in managing and investing institutional fund
Status: in_force

(1) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund.

(2) In addition to complying with the duty of loyalty imposed by law other than ORS 128.305 (Short title) to 128.336 (Uniformity of application and construction) , each person responsible for managing and investing an institutional fund shall manage and invest the fund in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances.

(3) In managing and investing an institutional fund, an institution:

(a) May incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the institution and the skills available to the institution; and

(b) Shall make a reasonable effort to verify facts relevant to the management and investment of the fund.

(4) An institution may pool two or more institutional funds for purposes of management and investment.

(5) Except as otherwise provided by a gift instrument, the following rules apply:

(a) In managing and investing an institutional fund, the following factors, if relevant, must be considered:

(A) General economic conditions;

(B) The possible effect of inflation or deflation;

(C) The expected tax consequences, if any, of investment decisions or strategies;

(D) The role that each investment or course of action plays within the overall investment portfolio of the fund;

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

(F) Other resources of the institution;

(G) The needs of the institution and the fund to make distributions and to preserve capital; and

(H) An asset’s special relationship or special value, if any, to the charitable purposes of the institution.

(b) Management and investment decisions about an individual asset must be made not in isolation, but instead in the context of the institutional fund’s portfolio of investments as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the fund and to the institution.

(c) Except as otherwise provided by law other than ORS 128.305 (Short title) to 128.336 (Uniformity of application and construction) , an institution may invest in any kind of property or type of investment consistent with this section.

(d) An institution shall diversify the investments of an institutional fund unless the institution reasonably determines that, because of special circumstances, the purposes of the fund are better served without diversification.

(e) Within a reasonable time after receiving property, an institution shall make and carry out decisions concerning the retention or disposition of the property or to rebalance a portfolio, in order to bring the institutional fund into compliance with the purposes, terms and distribution requirements of the institution as necessary to meet other circumstances of the institution and the requirements of ORS 128.305 (Short title) to 128.336 (Uniformity of application and construction) .

(f) A person that has special skills or expertise, or is selected in reliance upon the person’s representation that the person has special skills or expertise, has a duty to use those skills or that expertise in managing and investing institutional funds. [2007 c.554 §2]

Source: Section 128.318 — Standard of conduct in managing and investing institutional fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.221 — OR Code / Title 13 / Chapter 125 / Section 125.221
125.221 Conflicts of interest
Status: in_force

(1) A fiduciary may employ a person in which the fiduciary has a pecuniary or financial interest only after disclosing the nature of the interest to the court if the person is employed for the purpose of providing direct services to the protected person or for the purpose of providing services to the fiduciary that directly affect the protected person. Before the person is employed, the fiduciary must provide the court with the following:

(a) A full and accurate disclosure of the pecuniary or financial interest of the fiduciary in the person.

(b) A full and accurate disclosure of the services to be performed by the person.

(c) A full and accurate disclosure of the anticipated costs to the estate in using the person to provide the services.

(2) In addition to the disclosures required by subsection (1) of this section, after making such inquiry as the court deems appropriate, the court may require additional disclosures for the purpose of assessing whether the pecuniary or financial interest of the fiduciary could compromise or otherwise affect decisions made by the fiduciary in carrying out the duties of the fiduciary.

(3) The continuing authority of a court over protective proceedings under ORS 125.025 (Authority of the court in protective proceedings) includes the authority to supervise and inquire into:

(a) Whether the fiduciary by employing a person in which the fiduciary has a pecuniary or financial interest is acting reasonably to accomplish the purposes for which the fiduciary was appointed.

(b) Whether the employment of the person by the fiduciary is necessary to provide the services efficiently and effectively.

(c) The extent that the pecuniary or financial interest of the person employed by the fiduciary could compromise or otherwise affect the decisions made by the fiduciary in carrying out the duties of the fiduciary.

(4) In addition to the disclosures required by subsections (1) and (2) of this section, prior court approval is required for payment of compensation to a person who is the spouse, parent or child of the fiduciary or to a business entity in which the spouse, parent or child of the fiduciary has an ownership interest and that is employed by the fiduciary to provide direct services to a protected person or to provide services to the fiduciary that directly affect the protected person. The fiduciary must provide the court with the following information:

(a) The specific services to be provided;

(b) The qualifications of the person providing the services;

(c) The rate of compensation charged by the person; and

(d) Any other information relevant to either the person providing the services or the services being provided to the protected person, including, but not limited to, loss of a professional license or a criminal conviction.

(5) The court may not approve any fees or expenses requested by the fiduciary to the extent that the combined fees of the fiduciary and the person employed by the fiduciary under this section exceed the amount the court finds would have been appropriate for payment to the fiduciary if the fiduciary had provided the services alone.

(6) A fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the fiduciary, or any person related to, employed by or affiliated with the fiduciary has:

(a) Any direct or indirect ownership interest in the person;

(b) A business association with the person; or

(c) Any financial involvement with the person.

(7) A fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the fiduciary, or any person related to, employed by or affiliated with the fiduciary, receives remuneration or any other financial benefit from the person, without regard to whether that remuneration or benefit is directly tied to the services provided to the fiduciary or protected person.

(8) In addition to the grounds specified in subsections (6) and (7) of this section, a fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the relationship between the fiduciary and other person is such that the relationship could compromise or otherwise affect decisions made by the fiduciary in carrying out the duties of the fiduciary.

(9) A fiduciary employs a person for the purposes of this section whether the person is engaged as an employee or as an independent contractor. [1999 c.774 §2 (enacted in lieu of 125.220); 2003 c.392 §1]

Source: Section 125.221 — Conflicts of interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.725 — OR Code / Title 13 / Chapter 125 / Section 125.725
125.725 Reimbursement of county public guardian and conservator’s expenses from estate of ward or protected person
Status: in_force

The county public guardian and conservator shall have a claim against the ward’s or protected person’s estate for reasonable expenses incurred in the execution of the guardianship or conservatorship and such compensation for services and those of the attorney of the county public guardian and conservator as the court having probate jurisdiction in the county deems just and reasonable. If the county public guardian and conservator is compensated by the county for services, any reimbursement of expenses or compensation shall be paid to the county. [Formerly 126.955; 2014 c.117 §18]

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

Source: Section 125.725 — Reimbursement of county public guardian and conservator’s expenses from estate of ward or protected person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.323 — OR Code / Title 13 / Chapter 125 / Section 125.323
125.323 Limits on association
Status: in_force

(1) As used in this section:

(a) “Association” means communication, visitation or other social interaction with third parties; and

(b) “Interested person” means a protected person, a person with whom association is being limited, any fiduciary for the protected person or any person who has filed a request for notice in the proceedings.

(2) A guardian may not limit a protected person’s preferred associations, except:

(a) As specifically allowed by the court; or

(b) To the extent the guardian determines necessary to avoid unreasonable harm to the protected person’s health, safety or well-being.

(3) If a protected person is unable to communicate, the protected person’s preferred association shall be presumed based on the prior relationship between the protected person and the person with whom the association is contemplated.

(4) Intentionally left blank —Ed.

(a) If a guardian limits a protected person’s association as provided in subsection (2)(b) of this section, an interested person may move the court to modify the guardian’s powers with respect to limiting the association.

(b) Motions under this subsection must be in writing, except that a protected person may move the court orally in person or by other means that are intended to convey the protected person’s motion to the court. The court shall designate the manner in which an oral motion may be made that ensures that a protected person will have the protected person’s motion presented to the court. The clerk of the court shall provide a means of reducing the oral motion to a signed writing for the purpose of filing the motion.

(c) Any limits on a protected person’s associations in effect on the date a motion is filed under this subsection remain in effect pending the court’s action under paragraph (e) of this subsection.

(d) The court shall schedule the hearing required under ORS 125.080 (Hearing) (3) on a motion under this subsection no later than 60 days following the date the motion is filed with the court. The person making the motion shall give notice to all persons entitled to notice under ORS 125.060 (Who must be given notice) (3) of the date, time and place of the scheduled hearing at least 15 days before the date set for the hearing. Notice shall be given in the manner prescribed by ORS 125.065 (Manner of giving notice) . The court for good cause shown may provide for a different method or time of giving notice under this subsection.

(e) If the court determines that the guardian unreasonably limited association under this section, the court may:

(A) Permit the association, with or without limitations;

(B) Modify the guardian’s powers to limit the protected person’s associations;

(C) Remove the guardian; or

(D) Award reasonable attorney fees and court costs associated with the motion. [2019 c.198 §2]

Source: Section 125.323 — Limits on association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.898 — OR Code / Title 13 / Chapter 128 / Section 128.898
128.898 Short title
Status: in_force

ORS 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) and 128.995 (Penalties for ORS 128.801 to 128.898) may be cited as the Charitable Solicitations Act. [1985 c.729 §2]

Source: Section 128.898 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.115 — OR Code / Title 13 / Chapter 130 / Section 130.115
130.115 UTC 304. Representation by person having substantially identical interest
Status: in_force

Unless otherwise represented, a minor, financially incapable individual or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented. [2005 c.348 §19]

Source: Section 130.115 — UTC 304. Representation by person having substantially identical interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.060 — OR Code / Title 13 / Chapter 130 / Section 130.060
130.060 UTC 203. Subject-matter jurisdiction
Status: in_force

Except as provided in ORS 130.355 (Commencement of proceeding) , the circuit court has jurisdiction of proceedings in this state concerning the administration of a trust. [2005 c.348 §14; 2009 c.275 §7]

Source: Section 130.060 — UTC 203. Subject-matter jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.847 — OR Code / Title 13 / Chapter 125 / Section 125.847
125.847 Effect of registration
Status: in_force

(1) Upon registration of a guardianship or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.

(2) A court of this state may grant any relief available under ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) and other law of this state to enforce a registered order. [2009 c.179 §20]

Note: See note under 125.800 (Short title) .

(Article 5 - Miscellaneous Provisions)

Source: Section 125.847 — Effect of registration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.804 — OR Code / Title 13 / Chapter 128 / Section 128.804
128.804 Fund raising notice
Status: in_force

(1) Prior to each solicitation campaign to be conducted in this state, where the services of a professional fund raising firm are employed, the firm shall file a completed fund raising notice on forms prescribed by the Attorney General. A copy of the written fund raising plan, described in ORS 128.807 (Required submission of financial plan to nonprofit beneficiary) and a copy of the written disclosure, when required by ORS 128.809 (Required disclosure of agency by solicitors) , shall be attached to the notice.

(2) The fund raising notice shall be in writing, under oath, and shall include a description of the solicitation campaign, the projected starting date of the campaign, a description of the role of the firm, the bank account number and location where the solicited funds will be deposited, including the name of the organization or organizations that control the account and the address and telephone number of the headquarters for each campaign if different than the principal place of business identified on the firm’s registration form, as well as the person in charge of each such location. If the solicitation is being conducted by agents of the firm, the notice shall include a provision affirming that the solicitation material has been approved by the nonprofit beneficiary. [1991 c.532 §18]

Source: Section 128.804 — Fund raising notice; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 124.090 — OR Code / Title 13 / Chapter 124 / Section 124.090
124.090 Confidentiality of records
Status: in_force

(1) Notwithstanding the provisions of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) , the names of the public or private official or any other person who made the complaint, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) , are confidential and are not accessible for public inspection.

(2) Notwithstanding subsection (1) of this section, the Department of Human Services or the department’s designee may, if appropriate, make the names of the witnesses and the elderly persons, and the reports and records compiled under ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) , available to:

(a) A law enforcement agency;

(b) A public agency that licenses or certifies residential facilities or licenses or certifies the persons practicing in the facilities;

(c) A public agency or private nonprofit agency or organization providing protective services for the elderly person;

(d) The Long Term Care Ombudsman;

(e) A public agency that licenses or certifies a person that has abused or is alleged to have abused an elderly person;

(f) A court pursuant to a court order or as provided in ORS 125.012 (Petition for protective order) ; and

(g) An administrative law judge in an administrative proceeding when necessary to provide protective services as defined in ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619) to an elderly person, when in the best interests of the elderly person or when necessary to investigate, prevent or treat abuse of an elderly person.

(3) Information made available under subsection (2) of this section, and the recipient of the information, are otherwise subject to the confidentiality provisions of ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) . [Formerly 410.690; 2001 c.900 §21; 2012 c.70 §12]

Source: Section 124.090 — Confidentiality of records; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 130.605 — OR Code / Title 13 / Chapter 130 / Section 130.605
130.605 UTC 702. Trustee’s bond
Status: in_force

(1) A trustee shall acquire a bond to secure performance of the trustee’s duties only if a bond is required by the terms of the trust or if a court finds that a bond is needed to protect the interests of the beneficiaries. A court may waive a bond required by the terms of a trust if the court finds that a bond is not needed to protect the interests of the beneficiaries.

(2) The court may specify the amount and terms of a bond. The court may modify or terminate any requirement for a bond at any time.

(3) A trust company as defined in ORS 706.008 (Additional definitions for Bank Act) need not give a bond, even if required by the terms of the trust. [2005 c.348 §51]

Source: Section 130.605 — UTC 702. Trustee’s bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.010 — OR Code / Title 13 / Chapter 130 / Section 130.010
130.010 UTC 103. Definitions
Status: in_force

For the purposes of this chapter:

(1) “Ascertainable standard” means an ascertainable standard relating to an individual’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code, as in effect on January 1, 2006.

(2) “Beneficiary” means a person that:

(a) Has a present or future beneficial interest in a trust, whether vested or contingent; or

(b) Holds a power of appointment over trust property in a capacity other than that of trustee.

(3) “Charitable trust” means a trust, or portion of a trust, described in ORS 130.170 (UTC 405. Charitable trusts) (1).

(4) “Conservator” means a person appointed by a court to administer the estate of a minor or adult individual.

(5) “Environmental law” means a federal, state or local law, rule, regulation or ordinance relating to protection of the environment.

(6) “Financial institution” has the meaning given that term in ORS 706.008 (Additional definitions for Bank Act) .

(7) “Financially incapable” has the meaning given that term in ORS 125.005 (Definitions) . “Financially capable” means not financially incapable.

(8) “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health and welfare of a minor or adult individual. “Guardian” does not include a guardian ad litem.

(9) “Interests of the beneficiaries” means the beneficial interests provided in the terms of a trust.

(10) “Permissible distributee” means a beneficiary who is currently eligible to receive distributions of trust income or principal, whether the distribution is mandatory or discretionary.

(11) “Person” means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, public body as defined in ORS 174.109 (“Public body” defined) or any other legal or commercial entity.

(12) “Power of withdrawal” means a presently exercisable general power of appointment, other than a power exercisable by a trustee that is limited by an ascertainable standard or that is exercisable by another person only upon consent of the trustee or a person holding an adverse interest.

(13) “Property” means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein.

(14) “Qualified beneficiary” means a beneficiary who:

(a) Is a permissible distributee on the date the beneficiary’s qualification is determined;

(b) Would be a permissible distributee if the interests of all permissible distributees described in paragraph (a) of this subsection terminated on the date the beneficiary’s qualification is determined; or

(c) Would be a permissible distributee if the trust terminated on the date the beneficiary’s qualification is determined.

(15) “Remote interest beneficiary” means a beneficiary of a trust whose beneficial interest in the trust, at the time the determination of interest is made, is contingent upon the successive terminations of both the interest of a qualified beneficiary and the interest of a secondary beneficiary whose interests precede the interest of the remote interest beneficiary.

(16) “Revocable trust” means a trust that can be revoked by the settlor without the consent of the trustee or a person holding an adverse interest.

(17) “Secondary beneficiary” means a beneficiary, other than a qualified beneficiary, whose beneficial interest in the trust, at the time the determination of interest is made, is contingent solely upon the termination of all qualified beneficiary interests that precede the interest of the secondary beneficiary.

(18) “Settlor” means a person, including a testator, who creates a trust or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person’s contribution and of the portion as to which that person has the power to revoke or withdraw.

(19) “Spendthrift provision” means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary’s interest.

(20) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. “State” includes an Indian tribe or band recognized by federal law or formally acknowledged by a state.

(21) “Terms of a trust” means the manifestation of the settlor’s intent regarding a trust’s provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding.

(22) “Trust instrument” means an instrument executed by a settlor that contains terms of the trust, including any amendments to the instrument.

(23) “Trustee” means an original trustee, an additional trustee, a successor trustee or a cotrustee. [2005 c.348 §3; 2009 c.275 §1; 2009 c.294 §16; 2013 c.529 §1]

Source: Section 130.010 — UTC 103. Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.205 — OR Code / Title 13 / Chapter 125 / Section 125.205
125.205 Persons not qualified to act as fiduciary
Status: in_force

(1) A person is not qualified to serve as a fiduciary if the person:

(a) Is incapacitated, financially incapable or a minor;

(b) Is acting as a health care provider, as defined in ORS 127.505 (Definitions for ORS 127.505 to 127.660) , for the protected person; or

(c) Is the protected person’s parent or former guardian and:

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

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

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

(B) The court entered a subsequent order that:

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

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

(2) A protected person, while not incapacitated, may petition the court to remove a prohibition contained in subsection (1)(c) of this section. [1995 c.664 §20; 2011 c.194 §1]

Source: Section 125.205 — Persons not qualified to act as fiduciary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.365 — OR Code / Title 13 / Chapter 130 / Section 130.365
130.365 Publication of notice
Status: in_force

After filing a petition under ORS 130.355 (Commencement of proceeding) , a trustee must cause a notice to claimants to be published once in each of three consecutive weeks in a newspaper of general circulation published in the county in which the petition is filed. The notice must include:

(1) The name of the settlor;

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

(3) The date of the first publication of the notice; and

(4) A statement that claims against the trust estate may be barred unless presented to the trustee at the address specified in the notice within four months after the date of the first publication of the notice. [Formerly 128.264]

Source: Section 130.365 — Publication of notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.310 — OR Code / Title 13 / Chapter 130 / Section 130.310
130.310 UTC 503. Exceptions to spendthrift provisions
Status: in_force

(1) As used in this section, “child” means any individual for whose benefit a judgment, court order or administrative order for child support has been entered in any state, country or other jurisdiction.

(2) Even if a trust contains a spendthrift provision, the holder of a judgment, court order or administrative order against a beneficiary for support or maintenance of the beneficiary’s child, spouse or former spouse or a judgment creditor who has provided services for the protection of a beneficiary’s interest in the trust, may obtain an order from a court of this state authorizing garnishment or other execution against present or future distributions to or for the benefit of the beneficiary. The court may issue an order authorizing execution against such amount as the court determines to be equitable under the circumstances but not more than the amount the trustee is required to distribute to or for the benefit of the beneficiary. Distributions subject to execution under this subsection include distributions required by the express terms of the trust, such as mandatory payments of income, and distributions the trustee has otherwise decided to make, such as through the exercise of discretion.

(3) A spendthrift provision is unenforceable against a claim of this state or the United States to the extent a statute of this state or federal law so provides. [2005 c.348 §41; 2013 c.529 §8]

Source: Section 130.310 — UTC 503. Exceptions to spendthrift provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.693 — OR Code / Title 13 / Chapter 125 / Section 125.693
125.693 High-risk teams
Status: in_force

(1) As used in this section and ORS 125.694 (Confidentiality) , “highly vulnerable adult” means a person with a disability who is:

(a) At least 18 years of age;

(b) At imminent risk of serious harm; and

(c) Unable to independently protect the person from the harm due to the effects of the person’s disability.

(2) The Oregon Public Guardian and Conservator appointed under ORS 125.678 (Appointment) may establish county or regional high-risk teams that may consist of, but not be limited to, the following:

(a) The Oregon Public Guardian and Conservator.

(b) The Department of Human Services or a designee of the Department of Human Services.

(c) The Oregon Health Authority or a designee of the Oregon Health Authority.

(d) Representatives of:

(A) Local hospitals.

(B) Local crisis response teams.

(C) Homeless services programs.

(D) Veterans’ services programs.

(E) Organizations designated by the Department of Human Services as area agencies on aging.

(F) Any other agency or nonprofit organization that provides services to highly vulnerable adults.

(3) The Oregon Public Guardian and Conservator may establish a statewide high-risk team that may consist of, but not be limited to, representatives of the following:

(a) The Department of Human Services, including developmental disabilities programs and adult abuse prevention programs within the department.

(b) The Oregon Health Authority.

(c) The Oregon State Hospital.

(d) The Department of Veterans’ Affairs.

(e) Any other statewide agency or program that has direct contact with highly vulnerable adults or that provides services addressing serious safety concerns of highly vulnerable adults.

(4) The Oregon Public Guardian and Conservator may delegate the responsibility to develop a high-risk team under this section to a designee or administrator who is or will be a member of the high-risk team pursuant to a written agreement.

(5) A high-risk team shall discuss situations where highly vulnerable adults are at risk of harm, or are currently experiencing harm, and identify the available options for addressing the safety risk, focusing on the least restrictive alternatives.

(6) Each high-risk team shall develop a written protocol establishing the purpose of the team, potential membership within each community and confidentiality procedures consistent with ORS 125.694 (Confidentiality) . [2019 c.96 §1]

Note: 125.693 (High-risk teams) and 125.694 (Confidentiality) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 125 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 125.693 — High-risk teams; appointment; membership; duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 124.085 — OR Code / Title 13 / Chapter 124 / Section 124.085
124.085 Catalog of abuse records
Status: in_force

A proper record of complaints made under ORS 124.060 (Duty of officials to report) and 124.065 (Method of reporting) shall be maintained by the Department of Human Services. The department shall prepare reports in writing when investigation has shown that the condition of the elderly person was the result of abuse even if the cause remains unknown. The complaints and investigative reports shall be cataloged under the name of the victim but shall be treated as confidential information subject to ORS 124.090 (Confidentiality of records) , and shall be disclosed only with the consent of that person or by judicial process. [Formerly 410.680; 2012 c.70 §11]

Source: Section 124.085 — Catalog of abuse records; confidentiality , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 130.805 — OR Code / Title 13 / Chapter 130 / Section 130.805
130.805 UTC 1002. Damages for breach of trust
Status: in_force

(1) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greatest of:

(a) The amount of damages caused by the breach;

(b) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or

(c) The profit the trustee made by reason of the breach.

(2) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. In determining the amount of contribution, the court shall consider the degree of fault of each trustee and whether any trustee or trustees acted in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received. [2005 c.348 §84; 2017 c.17 §6]

Source: Section 130.805 — UTC 1002. Damages for breach of trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.505 — OR Code / Title 13 / Chapter 125 / Section 125.505
125.505 Notice of claim to conservator
Status: in_force

If a proceeding is pending against a protected person at the time of appointment of a conservator or is commenced against the protected person after appointment of a conservator, the plaintiff must give notice of the proceeding to the conservator or the attorney of the conservator if any judgment or order arising out of the proceeding will constitute a claim against the estate. [1995 c.664 §55]

Source: Section 125.505 — Notice of claim to conservator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.001 — OR Code / Title 13 / Chapter 128 / Section 128.001
128.001 Limitations on accepting payment for preparation of trust
Status: in_force

(1) Except as provided in this section, a person may not accept anything of value in exchange for the preparation of a trust.

(2) Subsection (1) of this section does not apply to an attorney who charges and accepts a fee for the preparation of a trust for a client in the course of representing that client.

(3) Subsection (1) of this section does not apply to any trust company or financial institution as defined in ORS chapter 706.

(4) Subsection (1) of this section does not apply to a resulting or constructive trust, a business trust that provides for certificates to be issued to the beneficiary, an investment trust, a voting trust, a security instrument, a trust created by the judgment of a court, a liquidation trust, a trust for the primary purpose of paying dividends, interests, interest coupons, salaries, wages, pensions, profits or employee benefits of any kind, an instrument in which a person is nominee or escrowee for another person or a trust created in deposits in any financial institution.

(5) Nothing in this section authorizes any person to engage in the practice of law in violation of ORS 9.160 (Bar membership required to practice law) . [1997 c.806 §1; 2003 c.576 §383]

Source: Section 128.001 — Limitations on accepting payment for preparation of trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.190 — OR Code / Title 13 / Chapter 130 / Section 130.190
130.190 UTC 409. Noncharitable trust without ascertainable beneficiary
Status: in_force

Except as otherwise provided in ORS 130.185 (UTC 408. Pet trust) or by another statute:

(1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than 90 years.

(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if a person is not appointed in the terms of the trust, by a person appointed by the court.

(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Trust property not required for the intended use must be distributed to those persons designated in the trust. In the absence of a designation, the property shall be distributed to the settlor if the settlor is living when the distribution is made, or to the settlor’s successors in interest if the settlor is not living when the distribution is made. [2005 c.348 §29]

Source: Section 130.190 — UTC 409. Noncharitable trust without ascertainable beneficiary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.325 — OR Code / Title 13 / Chapter 130 / Section 130.325
130.325 UTC 507. Personal obligations of trustee
Status: in_force

Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt. [2005 c.348 §44]

Source: Section 130.325 — UTC 507. Personal obligations of trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.025 — OR Code / Title 13 / Chapter 125 / Section 125.025
125.025 Authority of the court in protective proceedings
Status: in_force

(1) Subject to ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) for adults as defined in ORS 125.802 (Definitions) , a court having jurisdiction over a protective proceeding shall exercise continuing authority over the proceeding. Subject to the provisions of ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) and this chapter, the court may act upon the petition or motion of any person or upon its own authority at any time and in any manner it deems appropriate to determine the condition and welfare of the respondent or protected person and to inquire into the proper performance of the duties of a fiduciary appointed under the provisions of this chapter.

(2) A court having jurisdiction over a protective proceeding in which the respondent or protected person is a minor shall consider and apply all relevant provisions of the Indian Child Welfare Act codified at 25 U.S.C. sections 1901 et seq.

(3) A court having jurisdiction over a protective proceeding may:

(a) Compel the attendance of any person, including respondents, protected persons, fiduciaries and any other person who may have knowledge about the person or estate of a respondent or protected person. The court may require those persons to respond to inquiries and produce documents that are subject to discovery under ORCP 36.

(b) Appoint counsel for a respondent or protected person.

(c) Appoint investigators, visitors and experts to aid the court in the court’s investigation.

(d) Exercise jurisdiction over any transaction entered into by a fiduciary to determine if a conflict of interest existed and enter an appropriate judgment with respect to the transaction.

(e) Surcharge a surety for any loss caused by failure of a fiduciary to perform a fiduciary duty or any other duty imposed by this chapter, including a surcharge for attorney fees incurred by a respondent or protected person by reason of the failure.

(f) Require immediate delivery of a protected person or property of the protected person, including records, accounts and documents relating to that property, to the court or to a place it designates.

(g) Require the fiduciary to produce any and all records that might provide information about the treatment or condition of the protected person or property of the protected person.

(h) Remove a fiduciary whenever that removal is in the best interests of the protected person.

(i) Appoint a successor fiduciary when a fiduciary has died, resigned or been removed.

(j) Require a respondent or protected person to submit to a physical or mental examination pursuant to ORCP 44.

(k) Make provisions for parenting time or visitation or order support for any minor who is a respondent or protected person in a protective proceeding.

(L) Impose any conditions and limitations upon the fiduciary that the court considers appropriate, including limitations on the duration of the appointment. Any conditions or limitations imposed on the fiduciary must be reflected in the letters of appointment.

(m) Appoint protected person special advocates pursuant to ORS 125.120 (Protected person special advocate) .

(n) In a guardianship proceeding involving a vulnerable youth, allow a person whose attendance the court compels under paragraph (a) of this subsection to attend by telephone, video or other remote technology.

(4) When a person files a petition or motion for a support order under subsection (3)(k) of this section:

(a) The person shall state in the petition or motion, to the extent known:

(A) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the minor, including a proceeding brought under ORS 25.287 (Proceedings to modify orders to comply with formula) , 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) , 107.085 (Petition) , 107.135 (Vacation or modification of judgment) , 107.431 (Modification of portion of judgment regarding parenting time or child support) , 108.110 (Petition for support of spouse and children) , 109.100 (Petition for support) , 109.103 (Proceeding to determine custody or support of child) , 109.165 (Vacation or modification of judgment) or 419B.400 (Authority to order support) or ORS chapter 110; and

(B) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503 (Definitions) , involving the minor.

(b) The person shall include with the petition or motion a certificate regarding any pending support proceeding and any existing support order. The person shall use a certificate that is in a form established by court rule and include information required by court rule and paragraph (a) of this subsection.

(5) When the court acts upon its own authority to order support under subsection (3)(k) of this section, at least 21 days before the hearing the court shall notify the Administrator of the Division of Child Support of the Department of Justice, or the branch office providing support services to the county where the hearing will be held, of the hearing. Before the hearing the administrator shall inform the court, to the extent known:

(a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the minor, including a proceeding brought under ORS 25.287 (Proceedings to modify orders to comply with formula) , 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) , 107.085 (Petition) , 107.135 (Vacation or modification of judgment) , 107.431 (Modification of portion of judgment regarding parenting time or child support) , 108.110 (Petition for support of spouse and children) , 109.100 (Petition for support) , 109.103 (Proceeding to determine custody or support of child) , 109.165 (Vacation or modification of judgment) or 419B.400 (Authority to order support) or ORS chapter 110; and

(b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503 (Definitions) , involving the minor.

(6) The Judicial Department and the Department of Justice may enter into an agreement regarding how the courts give the notice required under subsection (5) of this section to the Department of Justice and how the Department of Justice gives the information described in subsection (5)(a) and (b) of this section to the courts.

(7) If the court finds that a conservator should be appointed, the court may exercise all the powers over the estate and affairs of the protected person that the protected person could exercise if present and not under disability, except the power to make a will. The court shall exercise those powers for the benefit of the protected person and members of the household of the protected person.

(8) The powers of the court in protective proceedings may be exercised by the court directly or through a fiduciary. [1995 c.664 §5; 1997 c.707 §27; 2003 c.116 §11; 2009 c.179 §24; 2014 c.39 §3; 2015 c.298 §96; 2021 c.399 §2; 2021 c.597 §66]

Source: Section 125.025 — Authority of the court in protective proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.807 — OR Code / Title 13 / Chapter 125 / Section 125.807
125.807 Communication between courts
Status: in_force

(1) A court of this state may communicate with a court in another state concerning a proceeding arising under ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) . The court may allow the parties to participate in the communication. Except as provided in subsection (2) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.

(2) Courts may communicate concerning schedules, calendars, court records and other administrative matters without making a record. [2009 c.179 §4]

Note: See note under 125.800 (Short title) .

Source: Section 125.807 — Communication between courts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.650 — OR Code / Title 13 / Chapter 125 / Section 125.650
125.650 Other protective orders
Status: in_force

(1) The court may enter protective orders without the appointment of a fiduciary or in addition to appointment of a fiduciary. A petition for a protective order that does not seek the appointment of a fiduciary is subject to all requirements prescribed for petitions for appointment of a fiduciary. A single filing fee shall be collected pursuant to ORS 21.135 (Standard filing fee) (1) for a petition for a protective order regardless of whether the petition requests multiple protective orders. A court may enter a protective order other than appointment of a fiduciary only upon a determination that grounds exist for the appointment of a fiduciary.

(2) In issuing protective orders under this section, the court may exercise any power that could be exercised by a guardian or conservator in a protective proceeding, or any power that could be exercised by the court in a protective proceeding in which a fiduciary is appointed.

(3) Before entering a protective order under this section, the court shall consider the interests of creditors and dependents of the protected person and whether the protected person needs the continuing protection of a fiduciary.

(4) The court may appoint a fiduciary whose authority is limited to a specified time and whose power is limited to certain acts needed to implement the protective order. A fiduciary appointed under this subsection need only make such report to the court as the court may require.

(5) In addition to any other protective order that may be entered under this section, the court may authorize, direct or ratify:

(a) Any transaction necessary or desirable to achieve any security, service or care arrangement meeting the foreseeable needs of the protected person, including but not limited to payment, delivery, deposit or retention of funds or property, sale, mortgage, lease or other transfer of property, entry into an annuity contract, a contract for life care, a deposit contract, a contract for training and education, or addition to or establishment of a suitable trust.

(b) Any contract, trust or other transaction relating to the protected person’s financial affairs or involving the estate of the person if the court determines that the transaction is in the best interests of the protected person. [1995 c.664 §66; 2022 c.68 §5]

Source: Section 125.650 — Other protective orders; filing fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 129.370 — OR Code / Title 13 / Chapter 129 / Section 129.370
129.370 UPIA 412. Timber
Status: in_force

(1) To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net receipts:

(a) To income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest;

(b) To principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber;

(c) To or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying the rules in paragraphs (a) and (b) of this subsection; or

(d) To principal to the extent that advance payments, bonuses and other payments are not allocated pursuant to paragraph (a), (b) or (c) of this subsection.

(2) In determining net receipts to be allocated pursuant to subsection (1) of this section, a trustee shall deduct and transfer to principal a reasonable amount for depletion.

(3) This chapter applies whether or not a decedent or transferor was harvesting timber from the property before it became subject to the trust.

(4) If a trust owns an interest in timberland on January 1, 2004, the trustee may allocate net receipts from the sale of timber and related products as provided in this chapter or in the manner used by the trustee before January 1, 2004. If the trust acquires an interest in timberland after January 1, 2004, the trustee shall allocate net receipts from the sale of timber and related products as provided in this chapter. [2003 c.279 §21]

Source: Section 129.370 — UPIA 412. Timber , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 130.175 — OR Code / Title 13 / Chapter 130 / Section 130.175
130.175 UTC 406. Creation of trust induced by fraud, duress or undue influence
Status: in_force

A trust is void to the extent the creation of the trust was induced by fraud, duress or undue influence. [2005 c.348 §26]

Source: Section 130.175 — UTC 406. Creation of trust induced by fraud, duress or undue influence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.500 — OR Code / Title 13 / Chapter 130 / Section 130.500
130.500 UTC 601. Revocable trusts generally
Status: in_force

(1) A person who has capacity to make a will has capacity to create, amend, revoke or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust.

(2) A revocable trust remains a revocable trust for the purposes of ORS 130.520 (“Specific distribution” defined for ORS 130.520 to 130.575) to 130.575 (Effect of advancement on distribution) even though the trust cannot be revoked because:

(a) The settlor becomes financially incapable; or

(b) An event occurs that by the terms of the trust prevents the revocation of the trust. [2005 c.348 §45; 2009 c.275 §16]

Source: Section 130.500 — UTC 601. Revocable trusts generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.180 — OR Code / Title 13 / Chapter 130 / Section 130.180
130.180 UTC 407. Evidence of oral trust
Status: in_force

Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument. The creation of an oral trust, and the terms of an oral trust, must be established by clear and convincing evidence. [2005 c.348 §27]

Source: Section 130.180 — UTC 407. Evidence of oral trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.665 — OR Code / Title 13 / Chapter 130 / Section 130.665
130.665 UTC 804. Prudent administration
Status: in_force

A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill and caution. [2005 c.348 §62]

Source: Section 130.665 — UTC 804. Prudent administration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.812 — OR Code / Title 13 / Chapter 128 / Section 128.812
128.812 Required submission of financial report after campaign
Status: in_force

Within 90 days after a solicitation campaign has been completed, unless funds are to be collected by the nonprofit beneficiary, the professional 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 professional 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. [1991 c.532 §21]

Source: Section 128.812 — Required submission of financial report after campaign , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.035 — OR Code / Title 13 / Chapter 130 / Section 130.035
130.035 UTC 109. Methods of giving notice
Status: in_force

(1) If any provision of this chapter requires that a trustee or other person give notice or requires that the trustee or other person send a document, the trustee or other person must give the notice or send the document in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of giving notice and sending documents under this chapter include first class mail, personal delivery, delivery to a person’s last known place of residence or place of business, or properly directed electronic mail.

(2) If any provision of this chapter requires that a trustee or other person give notice or requires that the trustee or other person send a document to another person, the trustee or other person need not give the notice or send the document to any person whose identity or location is unknown and not reasonably ascertainable. If the trustee or other person cannot give notice or send a document, the trustee or other person shall prepare an affidavit setting forth the efforts made to find the person. The trustee must file the affidavit in any pending court proceeding or hold the affidavit as part of the trust records if a court proceeding is not pending.

(3) Any person entitled to receive a notice or a document under this chapter may waive receipt of the notice or document.

(4) Subsections (1) to (3) of this section do not apply to notices of judicial proceedings. Except as provided in subsection (5) of this section, notice of a judicial proceeding shall be given in the manner required by statute for the approval of the final account in a decedent’s estate. Notice of a judicial proceeding must be given by the petitioner to the following persons:

(a) To the trustee and all persons whose interests are affected by the requested action or relief.

(b) If a person who is entitled to notice is a minor, to the minor’s conservator or to another appropriate representative under ORS 130.100 (UTC 301. Representation) to 130.120 (UTC 305. Appointment of special representative) if the minor does not have a conservator. If the minor is 14 years of age or older, notice must also be given to the minor.

(c) If a person who is entitled to notice is financially incapable, to the person and to the person’s conservator or another appropriate representative under ORS 130.100 (UTC 301. Representation) to 130.120 (UTC 305. Appointment of special representative) if the person does not have a conservator.

(d) To any other person the court requires.

(5) A judicial proceeding to contest the validity of a revocable trust must be commenced by the service of a summons in the manner required by ORCP 7. Notice of any other judicial proceeding must be given in the manner prescribed by subsection (4) of this section. [2005 c.348 §9; 2009 c.275 §4]

Source: Section 130.035 — UTC 109. Methods of giving notice; waiver of notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.560 — OR Code / Title 13 / Chapter 128 / Section 128.560
128.560 “Business trust” described
Status: in_force

A “business trust” is any association, including a real estate investment trust, engaged in or operating a business under a written trust agreement or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares, other than a trust engaged solely in exercising the voting rights pertaining to corporate shares or other securities in accordance with the terms of a written instrument. [1971 c.491 §1]

Source: Section 128.560 — “Business trust” described , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.840 — OR Code / Title 13 / Chapter 125 / Section 125.840
125.840 Accepting guardianship or conservatorship transferred from another state
Status: in_force

(1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to ORS 125.837 (Transfer of guardianship or conservatorship to another state) , the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state’s provisional order of transfer.

(2) Notice of a petition under subsection (1) of this section must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a conservatorship order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.

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

(4) The court shall issue an order provisionally granting a petition filed under subsection (1) of this section unless:

(a) The court determines that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or

(b) The guardian or conservator is ineligible for appointment in this state.

(5) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to ORS 125.837 (Transfer of guardianship or conservatorship to another state) transferring the proceeding to this state.

(6) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.

(7) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person’s incapacity and the appointment of the guardian or conservator.

(8) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under ORS chapter 125 if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer. [2009 c.179 §17]

Note: See note under 125.800 (Short title) .

(Article 4 - Registration and Recognition of Orders from Other States)

Source: Section 125.840 — Accepting guardianship or conservatorship transferred from another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.866 — OR Code / Title 13 / Chapter 128 / Section 128.866
128.866 Injunction by Attorney General
Status: in_force

The Attorney General may obtain an injunction against solicitation of contributions until:

(1) The charitable organization, beneficiary, professional fund raising firm or commercial fund raising firm has complied with all registration and reporting requirements of the Charitable Solicitations Act and ORS 128.610 (Short title) to 128.769 (Rules) ; or

(2) Breaches of fiduciary duties have been corrected and the officers and directors responsible for the breaches have been removed. [1985 c.729 §17; 1991 c.532 §11; 2003 c.40 §3]

Source: Section 128.866 — Injunction by Attorney General , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 128.750 — OR Code / Title 13 / Chapter 128 / Section 128.750
128.750 Uniformity of interpretation
Status: in_force

The Charitable Trust and Corporation Act, ORS 128.610 (Short title) to 128.769 (Rules) , shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [1963 c.583 §19; 1981 c.593 §11; 1985 c.730 §14]

Source: Section 128.750 — Uniformity of interpretation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 127.532 — OR Code / Title 13 / Chapter 127 / Section 127.532
127.532 Appointment
Status: in_force

(1) The Advance Directive Advisory Committee is established within the division of the Oregon Health Authority that is charged with performing the public health functions of the state.

(2) Intentionally left blank —Ed.

(a) The committee consists of 13 members.

(b) One member shall be the Long Term Care Ombudsman or the designee of the Long Term Care Ombudsman.

(c) The other 12 members shall be appointed by the Governor as follows:

(A) One member who represents primary health care providers.

(B) One member who represents hospitals.

(C) One member who is a clinical ethicist affiliated with a health care facility located in this state, or affiliated with a health care organization offering health care services in this state.

(D) Two members who are health care providers with expertise in palliative or hospice care, one of whom is not employed by a hospital or other health care facility, a health care organization or an insurer.

(E) One member who represents individuals with disabilities.

(F) One member who represents consumers of health care services.

(G) One member who represents the long term care community.

(H) One member with expertise advising or assisting consumers with end-of-life decisions.

(I) One member from among members proposed by the Oregon State Bar who has extensive experience in elder law and advising individuals on how to execute an advance directive.

(J) One member from among members proposed by the Oregon State Bar who has extensive experience in estate planning and advising individuals on how to make end-of-life decisions.

(K) One member from among members proposed by the Oregon State Bar who has extensive experience in health law.

(3) The term of office of each member of the committee is four years, but a member serves at the pleasure of the appointing authority. Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term.

(4) A majority of the members of the committee constitutes a quorum for the transaction of business.

(5) Official action by the committee requires the approval of a majority of the members of the committee.

(6) The committee shall elect one of its members to serve as chairperson.

(7) The committee shall meet at times and places specified by the call of the chairperson or of a majority of the members of the committee, provided that the committee meets at least twice a year.

(8) The committee may adopt rules necessary for the operation of the committee.

(9) Members of the committee are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . Claims for expenses shall be paid out of funds appropriated to the Oregon Health Authority for purposes of the committee. [2018 c.36 §2; 2021 c.328 §9]

Source: Section 127.532 — Appointment; term of office; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.710 — OR Code / Title 13 / Chapter 130 / Section 130.710
130.710 UTC 813. Duty to inform and report
Status: in_force

(1) A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for those beneficiaries to protect their interests. If reasonable under the circumstances, a trustee may respond to a request for information related to the administration of the trust from a beneficiary who is not a qualified beneficiary.

(2) Intentionally left blank —Ed.

(a) Upon request of a qualified beneficiary, a trustee shall promptly furnish to the qualified beneficiary a copy of the trust instrument.

(b) Within a reasonable time after accepting a trusteeship, a trustee shall notify all qualified beneficiaries of the acceptance and of the trustee’s name, address and telephone number.

(c) Except as provided in subsection (10) of this section, within a reasonable time after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, the trustee shall notify the qualified beneficiaries of the trust’s existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument and of the right to a trustee’s report as provided in subsection (3) of this section.

(d) A trustee shall notify the qualified beneficiaries in advance of any change in the method or rate of the trustee’s compensation.

(3) Intentionally left blank —Ed.

(a) Except as provided in subsection (10) of this section, a trustee shall send a trustee report, at least annually and upon termination of the trust, to the permissible distributees of trust income or principal and to other qualified beneficiaries who request the report. The report must include a listing of trust property and liabilities, and must show the market values of trust assets, if feasible. The report must reflect all receipts and disbursements of the trust, including the source and amount of the trustee’s compensation.

(b) Upon a vacancy in a trusteeship, unless a cotrustee remains in office, and if required by the successor trustee or the court, the former trustee shall send a trustee report for the period from the prior report, if any, through the time of vacancy to the qualified beneficiaries of the trust.

(c) A personal representative, conservator or guardian may send the qualified beneficiaries a trustee report on behalf of a deceased or financially incapable trustee.

(4) A qualified beneficiary may waive the right to a trustee report or other information otherwise required to be furnished under this section. A qualified beneficiary may withdraw a waiver at any time for the purpose of future reports and other information.

(5) A trustee may charge a reasonable fee to a beneficiary for providing information under this section.

(6) A beneficiary’s request for any information under this section must be with respect to a single trust that is sufficiently identified to enable the trustee to locate the trust’s records.

(7) If the trustee is bound by any confidentiality restrictions regarding a trust asset, any beneficiary eligible under this section to receive information about that asset must agree to be bound by the same confidentiality restrictions before receiving the information.

(8) Despite any other provision of this section, information, notice and reports required by this section shall be given only to the settlor’s spouse if:

(a) The spouse survives the settlor;

(b) The spouse is financially capable;

(c) The spouse is the only permissible distributee of the trust; and

(d) All of the other qualified beneficiaries of the trust are descendants of the spouse.

(9) Notwithstanding any other provision of this section, while the settlor of a revocable trust is alive, beneficiaries other than the settlor have no right to receive notice, information or reports under this section.

(10) A trustee need not provide a qualified beneficiary with the notice of the right to a trustee’s report under subsection (2)(c) of this section, and need not send trustee reports to the beneficiary under subsection (3) of this section, until six months after a revocable trust becomes irrevocable if the beneficiary’s only interest in the trust is a distribution of a specific item of property or distribution of a specific amount of money. The trustee must provide the notice of the right to a trustee’s report required by subsection (2)(c) of this section at the end of the six-month period if the beneficiary has not received distribution of the specific item of property or specific amount of money before the end of the period. If notice is provided to a qualified beneficiary under this subsection, the trustee must thereafter send trustee reports to the beneficiary until distribution of the specific item of property or specific amount of money. [2005 c.348 §71; 2009 c.275 §18; 2013 c.529 §19]

Note: Section 72, chapter 348, Oregon Laws 2005, provides:

Sec. 72. (1) Section 71 (2)(b) of this 2005 Act [ 130.710 (UTC 813. Duty to inform and report) (2)(b)] applies only to a trustee who accepts a trusteeship on or after the effective date of this 2005 Act [January 1, 2006].

(2) Section 71 (2)(c) of this 2005 Act [ 130.710 (UTC 813. Duty to inform and report) (2)(c)] applies only to irrevocable trusts created on or after the effective date of this 2005 Act and to revocable trusts that become irrevocable on or after the effective date of this 2005 Act. [2005 c.348 §72]

Note: Section 19, chapter 275, Oregon Laws 2009, provides:

Sec. 19. The amendments to ORS 130.710 (UTC 813. Duty to inform and report) by section 18 of this 2009 Act apply only to revocable trusts that become irrevocable on or after the effective date of this 2009 Act [January 1, 2010]. [2009 c.275 §19]

Source: Section 130.710 — UTC 813. Duty to inform and report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.465 — OR Code / Title 13 / Chapter 125 / Section 125.465
125.465 Discovery of property
Status: in_force

(1) The court may order any person to appear and give testimony by deposition if it appears probable that the person:

(a) Has concealed, secreted or disposed of any property of the protected person;

(b) Has been entrusted with property of the protected person and fails to account for that property to the conservator;

(c) Has concealed, secreted or disposed of any writing, instrument or document relating to the affairs of the protected person;

(d) Has knowledge or information that is necessary to the administration of the affairs of the protected person; or

(e) As an officer or agent of a corporation, has refused to allow examination of the books and records of the corporation that the protected person has a right to examine.

(2) If a person is cited to appear under this section and fails to appear or to answer questions asked as authorized by the order of the court, the person may be held in contempt of court. [1995 c.664 §47]

Source: Section 125.465 — Discovery of property; examination by conservator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.090 — OR Code / Title 13 / Chapter 128 / Section 128.090
128.090 Limitations on trustee’s administration of “split-interest” trust
Status: in_force

(1) Notwithstanding any provision to the contrary in the governing instrument or any law of this state, the trustee of a trust which is a “split-interest trust” as defined in section 4947 (a) (2) of the Internal Revenue Code of 1954, shall not engage in any act of self dealing as defined in section 4941 (d) of the Internal Revenue Code of 1954; shall not retain any excess business holdings as defined in section 4943 (c) of the Internal Revenue Code of 1954, unless the trust is one exempted from the requirements of section 4943 by section 4947 (b) (3) of the Internal Revenue Code of 1954; shall not make any investment in such manner as to subject the trust to the taxes on investments which jeopardize charitable purpose imposed by section 4944 of the Internal Revenue Code of 1954, unless the trust is one exempted from the requirements of section 4944 by section 4947 (b) (3) of the Internal Revenue Code of 1954; and shall not make any taxable expenditures as defined in section 4945 (d) of the Internal Revenue Code of 1954.

(2) This section shall not apply with respect to:

(a) Any amounts payable under the terms of a trust to income beneficiaries, unless a deduction was allowed under section 170 (f) (2) (B), section 2055 (e) (2) (B), or section 2522 (c) (2) (B) of the Internal Revenue Code of 1954;

(b) Any amounts in trust other than amounts for which a deduction was allowed under section 170, section 545 (b) (2), section 556 (b) (2), section 642 (c), section 2055, section 2106 (a) (2) or section 2522 of the Internal Revenue Code of 1954, if such other amounts are segregated from amounts for which no deduction was allowable; or

(c) Any amounts transferred in trust before May 27, 1969. [1971 c.197 §2]

Source: Section 128.090 — Limitations on trustee’s administration of “split-interest” trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.015 — OR Code / Title 13 / Chapter 125 / Section 125.015
125.015 Jurisdiction of protective proceedings
Status: in_force

(1) The probate courts and commissioners provided for in ORS chapter 111 have exclusive jurisdiction of protective proceedings.

(2) Subject to ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) for adults as defined in ORS 125.802 (Definitions) , if an Oregon court exercising probate jurisdiction becomes aware that a protective proceeding has been commenced in another state, the Oregon court shall notify the court in the other state of the proceedings in this state. After consultation with the court of the other state, the Oregon court shall determine whether it is in the best interests of the respondent or protected person for the Oregon court to continue to exercise jurisdiction in the matter or whether it would be in the best interests of the respondent or protected person to terminate the Oregon proceedings and transfer the matter to the other court. [1995 c.664 §3; 2009 c.179 §23]

Source: Section 125.015 — Jurisdiction of protective proceedings; proceedings in other states , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.070 — OR Code / Title 13 / Chapter 125 / Section 125.070
125.070 Contents of notice
Status: in_force

(1) The notice required by ORS 125.060 (Who must be given notice) must contain the following:

(a) The name, address and telephone number of the petitioner or the person making the motion, and the relationship of the petitioner or person making the motion to the respondent.

(b) A copy of the petition or motion.

(c) A statement on where objections may be made or filed and the deadline for making or filing those objections.

(d) If a hearing has been set, the date, time and place of the hearing.

(2) In addition to the requirements of subsection (1) of this section, a notice of a petition for the appointment of a conservator for a respondent who is alleged to be financially incapable or a notice of a petition for the appointment of a guardian or conservator for a respondent who is a minor that is served on the respondent must contain the following:

(a) An explanation of the purpose and possible consequences of the petition.

(b) A statement that financial resources of the respondent may be used to pay court-approved expenditures of the proceeding.

(c) Information regarding any free or low-cost legal services and other relevant services available in the area.

(d) Information on any appointment of a visitor and the role of the visitor.

(e) A statement of the rights of the respondent as follows:

(A) The right to be represented by an attorney.

(B) The right to file a written or oral objection.

(C) The right to request a hearing.

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

(E) The right to request at any time that the power of the fiduciary be limited by the court.

(F) The right to request at any time the removal of the fiduciary or a modification of the protective order.

(3) In addition to the requirements of subsection (1) of this section, a notice of a petition for the appointment of a guardian for a respondent who is alleged to be incapacitated must contain a notice, printed in 14-point type, in substantially the following form:

To: Respondent ______________:

______________, Petitioner, who is your ______________ (relationship to respondent), or that is an agency or business that provides guardianship services, has asked a judge for the power to make decisions for you. The judge has been asked to give this person, agency or business the authority to make the following decisions for you (mark the appropriate spaces):

__ Medical and health care decisions, including decisions on which doctors you will see and what medications and treatments you will receive.

__ Residential decisions, including decisions on whether you can stay where you are currently living or be moved to another place.

__ Financial decisions, including decisions on paying your bills and decisions about how your money is spent.

__ Other decisions: ___________

______________________.

YOUR MONEY MAY BE USED IF THE JUDGE APPOINTS A GUARDIAN FOR YOU. YOU MAY BE ASKED TO PAY FOR THE TIME AND EXPENSES OF THE GUARDIAN, THE TIME AND EXPENSES OF THE PETITIONER’S ATTORNEY, THE TIME AND EXPENSES OF YOUR ATTORNEY, FILING FEES AND OTHER COSTS.

YOU MUST TELL SOMEONE AT THE COURTHOUSE BEFORE ___________ (DATE) IF YOU OPPOSE HAVING SOMEONE ELSE MAKE THESE DECISIONS FOR YOU.

OBJECTIONS:

You can write to the judge if you do not want someone else making decisions for you. The judge’s address is: _________.

You have the right to object to the appointment of a guardian by saying you want to continue to make your own decisions. If you do not want another person, agency or business making decisions for you, you can object. If you do not want ________ (Proposed Guardian) to make these decisions for you, you can object. If you do not want your money to be used to pay for these expenses, you can object.

You can object any time after the judge has appointed a guardian. You can ask the judge at any time to limit the kinds of decisions that the guardian makes for you so that you can make more decisions for yourself. You can also ask the judge at any time to end the guardianship.

THE HEARING:

The judge will hold a hearing if you do not want a guardian, do not want this particular person to act as your guardian or do not want your money used this way. At the hearing, the judge will listen to what you and others have to say about whether you need someone else to make decisions for you, who that person should be and whether your money should be spent on these things. You can have your witnesses tell the judge why you do not need a guardian and you can bring in records and other information about why you think that you do not need a guardian. You can ask your witnesses questions and other witnesses questions.

THE COURT VISITOR:

The judge will appoint someone to investigate whether you need a guardian to make decisions for you. This person is called a “visitor.” The visitor works for the judge and does not work for the person who filed the petition asking the judge to appoint a guardian for you, for you or for any other party. The visitor will come and talk to you about the guardianship process, about whether you think that you need a guardian and about who you would want to be your guardian if the judge decides that you need a guardian. The visitor will talk to other people who have information about whether you need a guardian. The visitor will make a report to the judge about whether what the petition says is true, whether the visitor thinks that you need a guardian, whether the person proposed as your guardian is able and willing to be your guardian, who would be the best guardian for you and what decisions the guardian should make for you. If there is a hearing about whether to appoint a guardian for you, the visitor will be in court to testify.

You can tell the visitor if you don’t want someone else making decisions for you when the visitor comes to talk with you about this matter.

LEGAL SERVICES:

You can call a lawyer if you don’t want someone else making decisions for you. If you don’t have a lawyer, you can ask the judge whether a lawyer can be appointed for you.

There may be free or low-cost legal services or other relevant services in your local area that may be helpful to you in the guardianship proceeding. For information about these services, you can call the following telephone numbers ___________ and ask to talk to people who can help you find legal services or other types of services.

OBJECTION FORM:

You can mark the blue sheet (Respondent’s Objection) that is attached to this form if you do not want someone else to make your decisions for you. You can give the blue sheet to the visitor when the visitor comes to talk with you about this, you can show it to your attorney or you can mail it to the judge.

(4) In addition to the requirements of subsection (1) of this section, a notice of a petition that is served on a respondent who is alleged to be incapacitated must contain an objection form, printed on blue paper in 14-point type, in substantially the following form:

) Case No. _____

(Case Title) )

) RESPONDENT’S

) OBJECTION

)

)

)

I object to the petition for the following reasons:

__ I do not want anyone else making any of my decisions for me.

__ I do not want ___________ making any decisions for me.

__ I do not want ___________ to make the following decisions for me:

_____________________

_____________________

_____________________

_____________________

GIVE TO THE VISITOR OR MAIL TO:

_____________________

(5) In addition to the requirements of subsection (1) of this section, a notice of a petition provided to a person other than the respondent must contain a statement as follows:

NOTICE: If you wish to receive copies of future filings in this case, you must inform the judge and the person named as petitioner in this notice. You must inform the judge by filing a request for notice and paying any applicable fee. The request for notice must be in writing, must clearly indicate that you wish to receive future filings in the proceedings and must contain your name, address and phone number. You must notify the person named as petitioner by mailing a copy of the request to the petitioner. Unless you take these steps, you will receive no further copies of the filings in the case.

[1995 c.664 §10; 1999 c.775 §3; 2001 c.416 §1]

Source: Section 125.070 — Contents of notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.820 — OR Code / Title 13 / Chapter 130 / Section 130.820
130.820 UTC 1005. Limitation of action against trustee
Status: in_force

(1) Notwithstanding ORS chapter 12 or any other provision of law, but subject to subsection (2) of this section, a civil action against a trustee based on any act or omission of the trustee, whether based in tort, contract or other theory of recovery, must be commenced within six years after the date the act or omission is discovered, or six years after the date the act or omission should have been discovered, whichever is earlier.

(2) A beneficiary may not commence a proceeding against a trustee more than one year after the date the beneficiary or a representative of the beneficiary is sent a report by certified or regular mail that adequately discloses the existence of a potential claim and that informs the beneficiary of the time allowed for commencing a proceeding. A copy of this section must be attached to the report. The report must provide sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.

(3) If subsections (1) and (2) of this section do not apply, a judicial proceeding against a trustee must be commenced within 10 years from the date of the act or omission complained of, or two years from the termination of any fiduciary account established under the trust, whichever is later. [2005 c.348 §87]

Source: Section 130.820 — UTC 1005. Limitation of action against trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.015 — OR Code / Title 13 / Chapter 127 / Section 127.015
127.015 Revocation of power of attorney
Status: in_force

(1) The authority of an agent under a power of attorney terminates upon the occurrence of any of the following:

(a) The principal dies.

(b) The principal or the court revokes the power of attorney.

(c) The agent dies, becomes financially incapable or incapacitated or resigns.

(d) The power of attorney by its terms provides that the power of attorney terminates.

(e) An action is filed for the dissolution or annulment of the principal’s marriage or registered domestic partnership to the agent, or for the separation of the principal and agent, unless otherwise provided by terms of the power of attorney, agreement of the parties or order of the court.

(2) A court may order that a power of attorney is revoked upon appointment by the court of a conservator for the principal.

(3) The death of a principal who has executed a power of attorney in writing, or the occurrence of any other event that would otherwise terminate the authority of the agent, does not revoke or terminate the authority of an agent who, without actual knowledge of the death of the principal or other event, acts in good faith under the power of attorney. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and heirs, devisees and personal representatives of the principal.

(4) An affidavit executed by an agent that states that the agent did not have, at the time of doing an act under the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death or other event, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument that is recordable, the affidavit may also be recorded.

(5) This section does not alter or affect any provision for revocation or termination contained in the power of attorney. [Formerly 126.413; 2009 c.46 §3; 2021 c.272 §4]

Source: Section 127.015 — Revocation of power of attorney; termination of agent’s authority not effective until death or other event known , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 126.829 — OR Code / Title 13 / Chapter 126 / Section 126.829
126.829 Written acknowledgment of delivery as receipt
Status: in_force

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) . [1985 c.665 §9]

Source: Section 126.829 — Written acknowledgment of delivery as receipt , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 128.871 — OR Code / Title 13 / Chapter 128 / Section 128.871
128.871 Denial or revocation of registration
Status: in_force

Subject to ORS chapter 183, the Attorney General may deny registration or revoke any registration issued pursuant to ORS 128.802 (Registration of professional fund raising firms required) or 128.821 (Registration of commercial fund raising firms required) for a period not to exceed five years, if the Attorney General finds:

(1) A material misrepresentation or false statement to be in the application for registration or any other statement filed with the Attorney General as provided in ORS 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) and 128.995 (Penalties for ORS 128.801 to 128.898) .

(2) Any material violation of ORS 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) or the rules adopted by the Attorney General pursuant to ORS 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) and 128.995 (Penalties for ORS 128.801 to 128.898) . [1985 c.729 §23; 1991 c.532 §12]

Source: Section 128.871 — Denial or revocation of registration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 128.993 — OR Code / Title 13 / Chapter 128 / Section 128.993
128.993 Penalty for signing false document
Status: in_force

(1) A person commits the crime of signing a false document for filing if the person:

(a) Knows the document is false in any material respect; and

(b) Signs the document with an intent that the document be delivered to the office of the Secretary of State for filing under ORS 128.560 (“Business trust” described) to 128.600 (Filing, service, copying and certification fees) .

(2) Signing a false document for filing is a Class A misdemeanor. [2013 c.158 §14]

Source: Section 128.993 — Penalty for signing false document , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 128.763 — OR Code / Title 13 / Chapter 128 / Section 128.763
128.763 Disclosure of disqualification required in solicitations
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 charitable organization named in the order shall provide a disclosure as described in this section in all solicitations made by the organization to persons in Oregon. The disclosure must clearly and conspicuously state that contributions to the organization are not deductible as charitable donations for Oregon income tax purposes. The disclosure also must appear in any written document provided to a donor acknowledging the donation or referring to the amount of the donation. The Attorney General may specify additional disclosure requirements by rule.

(2) Failure to provide the disclosures required by this section is a false or misleading representation for the purposes of ORS 128.886 (False or misleading representations prohibited) . [2013 c.260 §3]

Source: Section 128.763 — Disclosure of disqualification required in solicitations; legal effect of failure to disclose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.822 — OR Code / Title 13 / Chapter 125 / Section 125.822
125.822 Special jurisdiction
Status: in_force

(1) A court of this state lacking jurisdiction under ORS 125.820 (Jurisdiction) has special jurisdiction to do any of the following:

(a) Appoint a guardian in an emergency as provided for the appointment of a temporary fiduciary under ORS 125.600 (In general) for a respondent who is physically present in this state;

(b) Issue a conservatorship order with respect to real or tangible personal property located in this state; or

(c) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to ORS 125.837 (Transfer of guardianship or conservatorship to another state) .

(2) If a petition was filed for the appointment of a temporary fiduciary under ORS 125.600 (In general) and this state was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether the dismissal is requested before or after the emergency appointment. [2009 c.179 §10]

Note: See note under 125.800 (Short title) .

Source: Section 125.822 — Special jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.002 — OR Code / Title 13 / Chapter 127 / Section 127.002
127.002 Definitions for ORS 127.005 to 127.045
Status: in_force

For the purposes of ORS 127.005 (When power of attorney in effect) to 127.045 (Duty of agent under power of attorney) :

(1) “Agent” includes an attorney-in-fact.

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

(3) “Incapacitated” has the meaning given that term in ORS 125.005 (Definitions) . [2009 c.46 §1; 2021 c.272 §6; 2023 c.9 §8]

Source: Section 127.002 — Definitions for ORS 127.005 to 127.045 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.010 — OR Code / Title 13 / Chapter 125 / Section 125.010
125.010 Protective proceedings
Status: in_force

(1) Any person who is interested in the affairs or welfare of a respondent may file a petition for the appointment of a fiduciary or entry of other protective order.

(2) A protective proceeding is commenced by the filing of a petition in a court with jurisdiction over protective proceedings.

(3) The court may appoint any of the following fiduciaries in a protective proceeding:

(a) A guardian, with the powers and duties specified in this chapter.

(b) A conservator, with the powers and duties specified in this chapter.

(c) A temporary fiduciary, with the powers and duties specified in this chapter.

(d) Any other fiduciary necessary to implement a protective order under ORS 125.650 (Other protective orders) .

(4) In addition to appointing a fiduciary, or in lieu of appointing a fiduciary, the court may enter any other protective order in a protective proceeding in the manner provided by ORS 125.650 (Other protective orders) .

(5) The court may make a determination described in ORS 127.550 (Petition for judicial review of advance directives) with regard to an advance directive in a protective proceeding in which a guardian or temporary guardian has been appointed for the principal, or in which the petition seeks the appointment of a guardian or a temporary guardian for the principal. [1995 c.664 §2; 2001 c.396 §1]

Source: Section 125.010 — Protective proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.565 — OR Code / Title 13 / Chapter 128 / Section 128.565
128.565 Business trust permitted
Status: in_force

A business trust is permitted as a recognized form of association for the conduct of business within the State of Oregon. [1971 c.491 §2]

Source: Section 128.565 — Business trust permitted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 126.866 — OR Code / Title 13 / Chapter 126 / Section 126.866
126.866 Petition for accounting by custodian, determination of responsibility
Status: in_force

(1) A beneficiary who has attained 14 years of age, the beneficiary’s guardian or legal representative, an adult member of the beneficiary’s family, a transferor or a transferor’s legal representative may petition the court:

(a) For an accounting by the custodian or the custodian’s legal representative; or

(b) For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under ORS 126.859 (Claims against custodial property) to which the beneficiary or the beneficiary’s legal representative was a party.

(2) A successor custodian may petition the court for an accounting by the predecessor custodian.

(3) The court, in a proceeding under ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account.

(4) If a custodian is removed under ORS 126.862 (Refusal to serve as custodian) (6), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property. [1985 c.665 §20; 2005 c.349 §14]

Source: Section 126.866 — Petition for accounting by custodian, determination of responsibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 128.305 — OR Code / Title 13 / Chapter 128 / Section 128.305
128.305 Short title
Status: in_force

ORS 128.305 (Short title) to 128.336 (Uniformity of application and construction) may be cited as the Uniform Prudent Management of Institutional Funds Act. [2007 c.554 §10]

Source: Section 128.305 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 129.360 — OR Code / Title 13 / Chapter 129 / Section 129.360
129.360 UPIA 410. Liquidating asset
Status: in_force

(1) In this section, “liquidating asset” means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term includes a leasehold, patent, copyright, royalty right and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance. The term does not include a payment subject to ORS 129.355 (UPIA 409. Deferred compensation, annuities and similar payments) , resources subject to ORS 129.365 (UPIA 411. Minerals, water and other natural resources) , timber subject to ORS 129.370 (UPIA 412. Timber) , an activity subject to ORS 129.380 (UPIA 414. Derivatives and options) , an asset subject to ORS 129.385 (UPIA 415. Asset-backed securities) or any asset for which the trustee establishes a reserve for depreciation under ORS 129.410 (UPIA 503. Transfers from income to principal for depreciation) .

(2) A trustee shall allocate to income 10 percent of the receipts from a liquidating asset and the balance to principal. [2003 c.279 §19]

Source: Section 129.360 — UPIA 410. Liquidating asset , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 129.300 — OR Code / Title 13 / Chapter 129 / Section 129.300
129.300 UPIA 401. Character of receipts
Status: in_force

(1) In this section, “entity” means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund or any other organization in which a trustee has an interest other than a trust or estate to which ORS 129.305 (UPIA 402. Distribution from trust or estate) applies, a business or activity to which ORS 129.308 (UPIA 403. Business and other activities conducted by trustee) applies or an asset-backed security to which ORS 129.385 (UPIA 415. Asset-backed securities) applies.

(2) Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity.

(3) A trustee shall allocate the following receipts from an entity to principal:

(a) Property other than money;

(b) Money received in one distribution or a series of related distributions in exchange for part or all of a trust’s interest in the entity;

(c) Money received in total or partial liquidation of the entity; and

(d) Money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes.

(4) Money is received in partial liquidation:

(a) To the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation; or

(b) If the total amount of money and property distributed by an entity in a distribution or series of related distributions is greater than 20 percent of the entity’s gross assets, as shown by the entity’s year-end financial statements immediately preceding the initial distribution.

(5) Money is not received in partial liquidation, nor may it be taken into account under subsection (4)(b) of this section, to the extent that it does not exceed the amount of income tax that a trustee or beneficiary must pay on taxable income of the entity that distributes the money.

(6) A trustee may rely upon a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity’s board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation’s board of directors. [2003 c.279 §10; 2007 c.130 §1]

Source: Section 129.300 — UPIA 401. Character of receipts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 130.505 — OR Code / Title 13 / Chapter 130 / Section 130.505
130.505 UTC 602. Revocation or amendment of revocable trust
Status: in_force

(1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor of the trust may revoke or amend the trust.

(2) Unless the trust expressly provides otherwise, if a revocable trust is created or funded by more than one settlor:

(a) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;

(b) To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust as to the portion of the trust property attributable to that settlor’s contribution; and

(c) Upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.

(3) The settlor may revoke or amend a revocable trust:

(a) By substantial compliance with a method provided in the terms of the trust; or

(b) If the terms of the trust do not provide a method, by any other method, except for execution of a will or codicil, manifesting clear and convincing evidence of the settlor’s intent.

(4) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.

(5) A settlor’s powers with respect to revocation, amendment or distribution of trust property may be exercised by an agent or attorney-in-fact under a power of attorney only to the extent expressly authorized by the terms of the trust.

(6) The settlor’s conservator, or the settlor’s guardian if a conservator has not been appointed for the settlor, may exercise a settlor’s powers with respect to revocation, amendment or distribution of trust property only with the approval of the court supervising the conservatorship or guardianship.

(7) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor’s successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked. [2005 c.348 §46]

Note: Section 47, chapter 348, Oregon Laws 2005, provides:

Sec. 47. Section 46 (1) of this 2005 Act [ 130.505 (UTC 602. Revocation or amendment of revocable trust) (1)] does not apply to a trust created under an instrument executed before the effective date of this 2005 Act [January 1, 2006]. [2005 c.348 §47]

Source: Section 130.505 — UTC 602. Revocation or amendment of revocable trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.725 — OR Code / Title 13 / Chapter 130 / Section 130.725
130.725 UTC 816. Specific powers of trustee
Status: in_force

Without limiting the authority conferred by ORS 130.720 (UTC 815. General powers of trustee) , a trustee may do any of the following:

(1) Collect trust property and accept or reject additions to the trust property from a settlor or any other person.

(2) Acquire or sell property, for cash or on credit, at public or private sale.

(3) Exchange, partition or otherwise change the character of trust property.

(4) Deposit trust money in an account in a financial institution, including a financial institution operated by the trustee, if the deposit is adequately insured or secured.

(5) Borrow money, with or without security, to be repaid from trust assets or otherwise, and advance money for the protection of the trust and for all expenses, losses and liabilities sustained in the administration of the trust or because of the holding or ownership of any trust assets. Money may be borrowed under this subsection from any lender, including a financial institution operated by or affiliated with the trustee. A trustee is entitled to be reimbursed out of the trust property or from property that has been distributed from the trust, with reasonable interest, for an advance of money under this subsection.

(6) Continue operation of any proprietorship, partnership, limited liability company, business trust, corporation or other form of business or enterprise in which the trust has an interest, and take any action that may be taken by shareholders, members or property owners, including merging, dissolving or otherwise changing the form of business organization or contributing additional capital.

(7) Exercise the rights of an absolute owner of stocks and other securities, including the right to:

(a) Vote, or give proxies to vote, with or without power of substitution, or enter into or continue a voting trust agreement;

(b) Hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery;

(c) Pay calls, assessments and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights; and

(d) Deposit the securities with a depository or other financial institution.

(8) Construct, repair, alter or otherwise improve buildings or other structures on real property in which the trust has an interest, demolish improvements, raze existing or erect new party walls or buildings on real property in which the trust has an interest, subdivide or develop land, dedicate land to public use or grant public or private easements, and make or vacate plats and adjust boundaries.

(9) Enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, even though the period of the lease extends beyond the duration of the trust.

(10) Grant an option involving a sale, lease or other disposition of trust property or acquire an option for the acquisition of property, even though the option is exercisable after the trust is terminated, and exercise an option so acquired.

(11) Insure the property of the trust against damage or loss and insure the trustee, the trustee’s agents, and beneficiaries against liability arising from the administration of the trust.

(12) Abandon or decline to administer property of no value or property of a value that is not adequate to justify its collection or continued administration.

(13) Avoid possible liability for violation of environmental law by:

(a) Inspecting or investigating property the trustee holds or has been asked to hold, or property owned or operated by an organization in which the trustee holds or has been asked to hold an interest, for the purpose of determining the application of environmental law with respect to the property;

(b) Taking action to prevent, abate or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or indirectly by the trustee, whether taken before or after the assertion of a claim or the initiation of governmental enforcement;

(c) Declining to accept property into trust or disclaiming any power with respect to property that is or may be burdened with liability for violation of environmental law;

(d) Compromising claims against the trust that may be asserted for an alleged violation of environmental law; and

(e) Paying the expense of any inspection, review, abatement or remedial action to comply with environmental law.

(14) Pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust.

(15) Pay taxes, assessments, compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the administration of the trust.

(16) Exercise elections available under federal, state and local tax laws.

(17) Select a mode of payment under any employee benefit or retirement plan, annuity or life insurance payable to the trustee, exercise rights under employee benefit or retirement plans, annuities or policies of life insurance, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds.

(18) Make loans out of trust property. The trustee may make a loan to a beneficiary on terms and conditions the trustee considers to be fair and reasonable under the circumstances. The trustee may collect loans made to a beneficiary by making deductions from future distributions to the beneficiary.

(19) Pledge trust property to guarantee loans made by others to the beneficiary.

(20) Appoint a trustee to act in another state, country or other jurisdiction with respect to trust property located in the other state, country or other jurisdiction, confer upon the appointed trustee all of the powers and duties of the appointing trustee, require that the appointed trustee furnish security and remove any trustee so appointed.

(21) Make a distribution to a beneficiary who is under a legal disability or who the trustee reasonably believes is financially incapable, either:

(a) Directly;

(b) By application of the distribution for the beneficiary’s benefit;

(c) By paying the distribution to the beneficiary’s conservator or, if the beneficiary does not have a conservator, the beneficiary’s guardian;

(d) By creating a custodianship under the Uniform Transfers to Minors Act by paying the distribution to a custodian for the beneficiary;

(e) By paying the distribution to any existing custodian under the Uniform Transfers to Minors Act;

(f) By paying the distribution to an adult relative or other person having legal or physical care or custody of the beneficiary, to be expended on the beneficiary’s behalf, if the trustee does not know of a conservator, guardian or custodian for the beneficiary; or

(g) By managing the distribution as a separate fund held by the trustee on behalf of the beneficiary, subject to the beneficiary’s continuing right to withdraw the distribution.

(22) On distribution or payment of trust property or the division or termination of a trust, make distributions and payments in cash or in kind, or in divided or undivided interests, allocate particular assets in proportionate or disproportionate shares, value the trust property for those purposes and adjust for resulting differences in valuation.

(23) Resolve a dispute concerning the interpretation of the trust or the administration of the trust by mediation, arbitration or other procedure for alternative dispute resolution.

(24) Prosecute or defend an action, claim or judicial proceeding in any state, country or other jurisdiction to protect trust property and the trustee in the performance of the trustee’s duties.

(25) Sign and deliver contracts and other instruments that are useful to achieve or facilitate the exercise of the trustee’s powers.

(26) On termination of the trust, exercise the powers appropriate to wind up the administration of the trust and distribute the trust property to the persons entitled to the property.

(27) Allocate items of income or expense to either trust income or principal, as provided by law, including creation of reserves out of income for depreciation, obsolescence or amortization, or for depletion in mineral or timber properties.

(28) Employ persons, including attorneys, auditors, investment advisors or agents, to advise or assist the trustee in the performance of administrative duties. A trustee may act based on the recommendations of professionals without independently investigating the recommendations.

(29) Apply for and qualify all or part of the property in the trust estate for special governmental tax programs or other programs that may benefit the trust estate or any of the beneficiaries.

(30) Deposit securities in a clearing corporation as provided in ORS 128.100 (Authority of fiduciary to deposit securities in clearing corporation) . [2005 c.348 §75; 2007 c.515 §3; 2013 c.529 §20]

Source: Section 130.725 — UTC 816. Specific powers of trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.220 — OR Code / Title 13 / Chapter 130 / Section 130.220
130.220 UTC 415. Reformation to correct mistakes
Status: in_force

The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intention if the person requesting reformation proves by clear and convincing evidence that both the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement. [2005 c.348 §35]

Source: Section 130.220 — UTC 415. Reformation to correct mistakes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.545 — OR Code / Title 13 / Chapter 127 / Section 127.545
127.545 Revocation of advance directive or health care decision
Status: in_force

(1) An advance directive or a health care decision by a health care representative may be revoked:

(a) If the advance directive or health care decision involves the decision to withhold or withdraw life-sustaining procedures or artificially administered nutrition and hydration, at any time and in any manner by which the principal is able to communicate the intent to revoke; or

(b) At any time and in any manner by a capable principal.

(2) Revocation is effective upon communication by the principal to the principal’s attending physician, attending health care provider or health care representative. If the revocation is communicated by the principal to the principal’s health care representative, and the principal is incapable and is under the care of a health care provider known to the health care representative, the health care representative must promptly inform the principal’s attending physician or attending health care provider of the revocation.

(3) Upon learning about a revocation of a health care decision, an attending physician or attending health care provider must cause the revocation to be made a part of the principal’s medical records.

(4) Unless the advance directive provides otherwise:

(a) Execution of an advance directive revokes any prior advance directive; and

(b) The directions with respect to health care decisions in an advance directive supersede:

(A) Any directions contained in a previous court appointment or advance directive; and

(B) Any prior inconsistent expression of preferences with respect to health care decisions.

(5) Unless the form appointing a health care representative provides otherwise:

(a) Execution of a form appointing a health care representative revokes any prior form appointing a health care representative;

(b) Valid appointment of a health care representative or an alternate health care representative under ORS 127.510 (Appointment of health care representative and alternate health care representative) supersedes:

(A) Any power of a guardian or other person appointed by a court to make health care decisions for the protected person; and

(B) Any other prior appointment or designation of a health care representative; and

(c) A form appointing a health care representative is suspended:

(A) If the appointed health care representative and all appointed alternate health care representatives have withdrawn; or

(B) If the form appointing a health care representative names the principal’s spouse as the health care representative or an alternate health care representative, a petition for dissolution or annulment of marriage is filed and the principal does not reaffirm the appointment after the filing of the petition.

(6) Intentionally left blank —Ed.

(a) If the principal has both a valid advance directive and a valid form appointing a health care representative, and if the directions reflected in those documents are inconsistent, the document last executed governs to the extent of the inconsistency.

(b) If the principal has both a valid advance directive, or a valid form appointing a health care representative, and a declaration for mental health treatment made in accordance with ORS 127.700 (Definitions for ORS 127.700 to 127.737) to 127.737 (Certain other laws applicable to declaration) , and if the directions reflected in those documents are inconsistent, the declaration for mental health treatment governs to the extent of the inconsistency.

(7) Any reinstatement of an advance directive or a form appointing a health care representative must be in writing. [1989 c.914 §9; 1993 c.571 §26a; 1993 c.767 §12; 2015 c.82 §1; 2018 c.36 §14]

Source: Section 127.545 — Revocation of advance directive or health care decision; when revocation effective; effect of executing form appointing health care representative , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).