ORS § 125.240 — OR Code / Title 13 / Chapter 125 / Section 125.240
125.240 Professional fiduciaries
Status: in_force

(1) If a petition seeks the appointment of a professional fiduciary, the petition must contain the following information in addition to that information required under ORS 125.055 (Petitions in protective proceedings) :

(a) Proof that the professional fiduciary, or an individual responsible for making decisions for clients or for managing client assets for the professional fiduciary, is certified by the Center for Guardianship Certification or its successor organization as a National Certified Guardian or a National Master Guardian.

(b) A description of the events that led to the involvement of the professional fiduciary in the case.

(c) The educational background, professional experience, investment credentials and licensing under ORS chapter 59 of the individual responsible as, or acting on behalf of, the professional fiduciary.

(d) Intentionally left blank —Ed.

(A) The fees charged by the professional fiduciary and whether the fees are on an hourly basis or are based on charges for individual services rendered, including whether there is any revenue sharing arrangement between the professional fiduciary and any other person.

(B) The method by which the fees described in subparagraph (A) of this paragraph will be assessed or charged, whether by commissions, monthly charges or any other method.

(e) The names of providers of direct services to protected persons that are repeatedly used by the professional fiduciary under contract.

(f) The disclosures required under ORS 125.221 (Conflicts of interest) if the person nominated to act as a professional fiduciary will employ a person in which the nominated person has a pecuniary or financial interest.

(g) The number of protected persons for whom the person performs fiduciary services at the time of the petition.

(h) Whether the professional fiduciary has ever had a claim against the bond of the professional fiduciary and a description of the circumstances causing the claim.

(i) Whether the professional fiduciary or any staff with responsibility for making decisions for clients or for management of client assets has ever filed for bankruptcy and the date of filing.

(j) Intentionally left blank —Ed.

(A) Whether the professional fiduciary or any staff with responsibility for making decisions for clients or for management of client assets has ever been denied a professional license that is directly related to responsibilities of the professional fiduciary, or has ever held a professional license that is directly related to responsibilities of the professional fiduciary that was revoked or canceled. If such a license has been denied, revoked or canceled, the petition must reflect the date of the denial, revocation or cancellation and the name of the regulatory body that denied, revoked or canceled the license.

(B) A professional license under this paragraph includes a certificate described in paragraph (a) of this subsection.

(k) A statement that the criminal records check required under subsection (2) of this section does not disqualify the person from acting as a professional fiduciary.

(L) Whether the professional fiduciary and any staff responsible for making decisions for clients or for management of client assets is or has been certified by a national or state association of professional fiduciaries, the name of any such association and whether the professional fiduciary or other staff person has ever been disciplined by any such association and the result of the disciplinary action.

(m) The name, address and telephone number of the individual who is to act as primary decision maker for the protected person and the name of the person with whom the protected person will have personal contact if that person is not the person who will act as primary decision maker for the protected person.

(n) An acknowledgment by the professional fiduciary that the professional fiduciary will make all investments of client assets in accordance with the standards set forth in ORS 130.750 (Trustee’s duty to comply with prudent investor rule) to 130.775 (Trust language authorizing investments permitted under prudent investor rule) .

(2) Intentionally left blank —Ed.

(a) If a petition seeks the appointment of a professional fiduciary as described in subsection (5) of this section, the professional fiduciary and all staff with responsibility for making decisions for clients or for management of client assets must undergo a criminal records check before the court may appoint the professional fiduciary. The results of the criminal records check shall be provided by the petitioner to the court. Results of criminal records checks submitted to the court are confidential, shall be subject to inspection only by the parties to the proceedings and their attorneys, and shall not be subject to inspection by members of the public except pursuant to a court order entered after a showing of good cause. A professional fiduciary must disclose to the court any criminal conviction of the professional fiduciary that occurs after the criminal records check was performed. The criminal records check under this subsection shall consist of a check for a criminal record in the State of Oregon and a national criminal records check if:

(A) The person has resided in another state within five years before the date that the criminal records check is performed;

(B) The person has disclosed the existence of a criminal conviction; or

(C) A criminal records check in Oregon discloses the existence of a criminal record in another jurisdiction.

(b) The requirements of this subsection do not apply to any person who serves as a public guardian or conservator, or any staff of a public guardian or conservator, who is operating under ORS 125.700 (Office of county public guardian and conservator) to 125.730 (Fees prohibited) or 406.050 (Additional powers and duties of director or department) and who is otherwise required to acquire a criminal records check for other purposes.

(3) Intentionally left blank —Ed.

(a) If a petition seeks the appointment of a county public guardian and conservator operating under the provisions of ORS 125.700 (Office of county public guardian and conservator) to 125.730 (Fees prohibited) , or the appointment of a conservator under ORS 406.050 (Additional powers and duties of director or department) (10), the petition need not contain the information described in subsection (1)(e) or (m) of this section.

(b) If a county public guardian and conservator operating under the provisions of ORS 125.700 (Office of county public guardian and conservator) to 125.730 (Fees prohibited) is appointed to act as a professional fiduciary, or a conservator operating under the authority of ORS 406.050 (Additional powers and duties of director or department) (10) is appointed, the public guardian or conservator must file with the court within three days after receipt of written notice of the appointment a statement containing the name, address and telephone number of the individual who will act as primary decision maker for the protected person and the name of the person with whom the protected person will have personal contact if the person named as primary decision maker will not have personal contact with the protected person.

(4) If the court appoints a professional fiduciary as described in subsection (5) of this section, the professional fiduciary must update all information required to be disclosed by subsection (1) of this section and provide a copy of the updated statement upon the request of the protected person or upon the request of any person entitled to notice under ORS 125.060 (Who must be given notice) (3). The professional fiduciary must provide an updated statement without demand to the court, the protected person and persons entitled to notice under ORS 125.060 (Who must be given notice) (3) at any time that there is a change in the information provided under subsection (1)(m) or (3)(b) of this section.

(5) As used in this section, “professional fiduciary” means a person nominated as a fiduciary or serving as a fiduciary who is acting at the same time as a fiduciary for three or more protected persons who are not related to the fiduciary. [1999 c.774 §4; 2001 c.102 §4; 2001 c.104 §37; 2009 c.602 §3; 2013 c.690 §1; 2014 c.117 §20; 2015 c.364 §1; 2015 c.381 §6]

Source: Section 125.240 — Professional fiduciaries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.840 — OR Code / Title 13 / Chapter 127 / Section 127.840
127.840 §3.06. Written and oral requests
Status: in_force

(1) In order to receive a prescription for medication to end his or her life in a humane and dignified manner, a qualified patient shall have made an oral request and a written request, and reiterate the oral request to his or her attending physician no less than 15 days after making the initial oral request.

(2) Notwithstanding subsection (1) of this section, if the qualified patient’s attending physician has medically confirmed that the qualified patient will, within reasonable medical judgment, die within 15 days after making the initial oral request under this section, the qualified patient may reiterate the oral request to his or her attending physician at any time after making the initial oral request.

(3) At the time the qualified patient makes his or her second oral request, the attending physician shall offer the patient an opportunity to rescind the request. [1995 c.3 §3.06; 2019 c.624 §2]

Source: Section 127.840 — §3.06. Written and oral requests , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 124.050 — OR Code / Title 13 / Chapter 124 / Section 124.050
124.050 Definitions for ORS 124.050 to 124.095
Status: in_force

As used in ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) :

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

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

(b) Neglect.

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

(d) Willful infliction of physical pain or injury upon an elderly person.

(e) An act that constitutes a crime under ORS 163.375 (Rape in the first degree) , 163.405 (Sodomy in the first degree) , 163.411 (Unlawful sexual penetration in the first degree) , 163.415 (Sexual abuse in the third degree) , 163.425 (Sexual abuse in the second degree) , 163.427 (Sexual abuse in the first degree) , 163.465 (Public indecency) , 163.467 (Private indecency) or 163.525 (Incest) .

(f) Verbal abuse.

(g) Financial exploitation.

(h) Sexual abuse.

(i) Involuntary seclusion of an elderly person for the convenience of a caregiver or to discipline the person.

(j) A wrongful use of a physical or chemical restraint of an elderly person, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.

(2) “Elderly person” means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 (Report of suspected abuse of resident required) to 441.665 (Record of reports) .

(3) “Facility” means:

(a) A long term care facility as that term is defined in ORS 442.015 (Definitions) .

(b) A residential facility as that term is defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) , including but not limited to an assisted living facility.

(c) An adult foster home as that term is defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825) .

(4) “Financial exploitation” means:

(a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an elderly person or a person with a disability.

(b) Alarming an elderly person or a person with a disability by conveying a threat to wrongfully take or appropriate money or property of the person if the person would reasonably believe that the threat conveyed would be carried out.

(c) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an elderly person or a person with a disability.

(d) Failing to use the income or assets of an elderly person or a person with a disability effectively for the support and maintenance of the person.

(5) “Intimidation” means compelling or deterring conduct by threat.

(6) “Law enforcement agency” means:

(a) Any city or municipal police department.

(b) Any county sheriff’s office.

(c) The Oregon State Police.

(d) Any district attorney.

(e) A police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) .

(7) “Neglect” means failure to provide basic care or services that are necessary to maintain the health or safety of an elderly person.

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

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

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

(9) “Public or private official” means:

(a) Physician or physician assistant licensed under ORS chapter 677, naturopathic physician or chiropractor, including any intern or resident.

(b) Licensed practical nurse, registered nurse, nurse practitioner, nurse’s aide, home health aide or employee of an in-home health service.

(c) Employee of the Department of Human Services or community developmental disabilities program.

(d) Employee of the Oregon Health Authority, local health department or community mental health program.

(e) Peace officer.

(f) Member of the clergy.

(g) Regulated social worker.

(h) Physical, speech or occupational therapist.

(i) Senior center employee.

(j) Information and referral or outreach worker.

(k) Licensed professional counselor or licensed marriage and family therapist.

(L) Elected official of a branch of government of this state or a state agency, board, commission or department of a branch of government of this state or of a city, county or other political subdivision in this state.

(m) Firefighter or emergency medical services provider.

(n) Psychologist.

(o) Provider of adult foster care or an employee of the provider.

(p) Audiologist.

(q) Speech-language pathologist.

(r) Attorney.

(s) Dentist.

(t) Optometrist.

(u) Chiropractor.

(v) Personal support worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625) .

(w) Home care worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625) .

(x) Referral agent, as defined in ORS 443.370 (Definitions for ORS 443.370 to 443.376) .

(y) A person providing agency with choice services under ORS 427.181 (Department of Human Services to contract with organizations providing agency with choice services) .

(10) “Services” includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of an elderly person.

(11) Intentionally left blank —Ed.

(a) “Sexual abuse” means:

(A) Sexual contact with an elderly person who does not consent or is considered incapable of consenting to a sexual act under ORS 163.315 (Incapacity to consent) ;

(B) Verbal or physical harassment of a sexual nature, including but not limited to severe or pervasive exposure to sexually explicit material or language;

(C) Sexual exploitation;

(D) Any sexual contact between an employee of a facility or paid caregiver and an elderly person served by the facility or caregiver; or

(E) Any sexual contact that is achieved through force, trickery, threat or coercion.

(b) “Sexual abuse” does not mean consensual sexual contact between an elderly person and:

(A) An employee of a facility who is also the spouse of the elderly person; or

(B) A paid caregiver.

(12) “Sexual contact” has the meaning given that term in ORS 163.305 (Definitions) .

(13) “Verbal abuse” means to threaten significant physical or emotional harm to an elderly person or a person with a disability through the use of:

(a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or

(b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments. [Formerly 410.610; 1999 c.463 §6; 2001 c.104 §36; 2005 c.671 §4; 2007 c.70 §29; 2009 c.442 §33; 2009 c.595 §84; 2009 c.708 §1; 2009 c.837 §9; 2011 c.36 §3; 2011 c.506 §5; 2011 c.703 §23; 2013 c.129 §23; 2013 c.180 §7; 2013 c.352 §5; 2014 c.104 §9; 2015 c.179 §2; 2015 c.416 §1; 2015 c.736 §49; 2017 c.656 §4; 2018 c.75 §§7,8; 2021 c.251 §1; 2022 c.91 §7]

Source: Section 124.050 — Definitions for ORS 124.050 to 124.095 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 125.440 — OR Code / Title 13 / Chapter 125 / Section 125.440
125.440 Acts conservator may perform only with court approval
Status: in_force

A conservator may perform the following acts only with prior court approval:

(1) Convey or release contingent or expectant interests of the protected person in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety.

(2) Create revocable or irrevocable trusts of property of the estate. A trust created by the conservator may extend beyond the period of disability of the protected person or beyond the life of the protected person. A trust created by the conservator must be consistent with the will of the protected person or any other written or oral expression of testamentary intent made by the protected person before the person became incapacitated. The court may not approve a trust that has the effect of terminating the conservatorship unless:

(a) The trust is created for the purpose of qualifying the protected person for needs-based government benefits or maintaining the eligibility of the protected person for needs-based government benefits;

(b) The value of the conservatorship estate, including the amount to be transferred to the trust, does not exceed $50,000;

(c) The purpose of establishing the conservatorship was to create the trust; or

(d) The conservator shows other good cause to the court.

(3) Exercise rights of the protected person to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value.

(4) Disclaim any interest the protected person may have by testate or intestate succession, by inter vivos transfer or by transfer on death deed.

(5) Authorize, direct or ratify any annuity contract or contract for life care.

(6) Revoke a transfer on death deed. [1995 c.664 §42; 2007 c.62 §1; 2011 c.212 §28]

Source: Section 125.440 — Acts conservator may perform only with court approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.355 — OR Code / Title 13 / Chapter 130 / Section 130.355
130.355 Commencement of proceeding
Status: in_force

(1) At any time after the death of a settlor of a trust described in ORS 130.350 (Statute of limitations) (2), a trustee of the trust may petition the probate court to determine the claims of creditors of the settlor. A petition under this section must include all of the following information to the extent known by the trustee:

(a) The settlor’s name, the settlor’s date of birth, the settlor’s date and place of death and the last four digits of the settlor’s Social Security number.

(b) The name of the trustee.

(c) The address at which claims must be presented.

(d) The name of the trust, if any, and the date of the trust, including the dates of any amendments.

(e) The facts establishing venue in the county where the petition is being filed.

(2) The clerk of the court shall charge and collect in advance from the trustee the filing fee required from a plaintiff under ORS 21.135 (Standard filing fee) .

(3) A proceeding under this section may be brought only:

(a) In the county where the settlor had domicile or a place of abode at the time of death;

(b) In any county where assets of the trust were located at the time of death or are located at the time the proceeding is commenced; or

(c) In the county where the settlor died.

(4) The court has personal jurisdiction over a trustee that files a petition under this section, whether the trustee is a resident or nonresident of this state, for the purposes of any proceeding relating to the trust that may be instituted by an interested person. [Formerly 128.258; 2009 c.363 §1; 2010 c.107 §§43,44; 2011 c.595 §131]

Source: Section 130.355 — Commencement of proceeding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.809 — OR Code / Title 13 / Chapter 128 / Section 128.809
128.809 Required disclosure of agency by solicitors
Status: in_force

No person shall engage in an in-person solicitation as an agent of a professional fund raising firm, including a face-to-face or telephone solicitation, unless it is disclosed orally in the course of the solicitation but prior to asking for a commitment for a contribution from the solicitee, and in writing to any solicitee that makes a pledge to be delivered within 10 days of the date of the pledge that the solicitor is operating under the direction and control of a named professional fund raising firm. [1991 c.532 §20]

Source: Section 128.809 — Required disclosure of agency by solicitors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.380 — OR Code / Title 13 / Chapter 130 / Section 130.380
130.380 Claim based on debt due or judgment
Status: in_force

(1) If a claim on a debt due is presented and allowed, allowance shall be in the amount of the debt remaining unpaid on the date of allowance.

(2) If a judgment was entered on a claim prior to the death of the settlor, the claim shall be presented under ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) in the same manner as if no judgment had been entered, and a copy of the judgment shall be attached to the claim. The claim may be disallowed only if the judgment was void or voidable, or if the judgment could have been set aside on the date of the settlor’s death, or if the claim is not presented within the time required by ORS 130.350 (Statute of limitations) . If the judgment was a lien against the property of the trust estate on the date of the settlor’s death, the judgment shall be treated as a claim on a debt due for which the creditor holds security. In all other respects, a claim that has been reduced to judgment shall have the same priority under ORS 130.425 (Priority of claims) as a claim that has not been reduced to judgment. [Formerly 128.272]

Source: Section 130.380 — Claim based on debt due or judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.658 — OR Code / Title 13 / Chapter 127 / Section 127.658
127.658 Effect of ORS 127.505 to 127.660 on previously executed advance directives
Status: in_force

(1) ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) as enacted, the repeal of any statute that was a part of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and subsequent amendments to the provisions of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) do not impair or supersede any advance directive, form appointing a health care representative or directive to physicians executed in accordance with:

(a) The provisions of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) ; or

(b) The provisions of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) or any other statute governing an advance directive, a form appointing a health care representative or a directive to physicians that was in effect on the date that the advance directive, the form appointing a health care representative or the directive to physicians was executed.

(2) An advance directive, a form appointing a health care representative or a directive to physicians executed before, on or after January 1, 2019, shall be governed by the provisions of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) or any other statute that is in effect on the date on which the advance directive, the form appointing a health care representative or the directive to physicians was executed. [1993 c.767 §23; 2018 c.36 §31; 2021 c.328 §8]

Source: Section 127.658 — Effect of ORS 127.505 to 127.660 on previously executed advance directives , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 129.450 — OR Code / Title 13 / Chapter 129 / Section 129.450
129.450 UPIA 601. Uniformity of application and construction
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [2003 c.279 §31]

Source: Section 129.450 — UPIA 601. Uniformity of application and construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 127.765 — OR Code / Title 13 / Chapter 127 / Section 127.765
127.765 Health care advocate
Status: in_force

(1) As used in this section:

(a) “Attending physician” has the meaning given that term in ORS 127.505 (Definitions for ORS 127.505 to 127.660) .

(b) “Developmental disability” has the meaning given that term in ORS 427.005 (Definitions) .

(c) “Emergency treatment” means a procedure or treatment that, if delayed, is likely to:

(A) Place the health of the individual in serious jeopardy;

(B) Result in serious impairment to bodily functions; or

(C) Result in serious dysfunction of any bodily organ.

(d) “Health care advocate” means a person who is authorized to make health care decisions on behalf of an individual if the individual does not have a guardian or a health care representative.

(e) “Health care decision” has the meaning given that term in ORS 127.505 (Definitions for ORS 127.505 to 127.660) .

(f) “Health care representative” has the meaning given that term in ORS 127.505 (Definitions for ORS 127.505 to 127.660) .

(g) “Individual” means an individual with an intellectual or developmental disability who receives services pursuant to an individualized service plan.

(h) “Individualized service plan” has the meaning given that term in ORS 427.101 (Definitions for ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664) .

(i) “Individualized service plan team” means a group consisting of:

(A) The individual;

(B) The individual’s legal or designated representative;

(C) The individual’s case manager; and

(D) Other individuals who may be chosen by the individual, such as care providers or family members.

(j) “Significant medical procedure” means any medical procedure that requires a hospital admission or the administration of general anesthesia in an outpatient setting.

(k) “Treating physician” means a physician who has primary responsibility for the care and treatment of an individual.

(2) An individualized service plan team may appoint a health care advocate for an individual whom a court or a treating physician has determined to be incapable of making health care decisions.

(3) A health care advocate must be a capable adult who is willing to serve as a health care advocate and who is approved by at least two-thirds of the individualized service plan team, including the individual, except that the following persons may not serve as a health care advocate:

(a) The individual’s attending physician or an employee of the attending physician or any other person providing care to the individual.

(b) A parent whose parental rights are terminated.

(c) A guardian if the guardianship is terminated.

(4) A health care advocate is authorized to access the health records of the individual and consult with the individual’s medical providers for the purpose of making health care decisions on behalf of the individual.

(5) A health care advocate may not make health care decisions on behalf of an individual with respect to any of the following:

(a) An action or procedure described in ORS 127.540 (Limitations on authority of health care representative) (1) to (4).

(b) Withholding or withdrawing of a life-sustaining procedure.

(c) Withholding or withdrawing artificially administered nutrition and hydration other than hyperalimentation.

(d) Testing for HIV, unless testing is necessary for obtaining treatment or care for the individual.

(e) A request for medication for the purpose of ending the individual’s life pursuant to ORS 127.805 (§2.01. Who may initiate a written request for medication) or other form of assisted suicide.

(f) Euthanasia.

(g) An experimental procedure, unless the procedure has been approved by an institutional review board and is determined by the treating physician to be in the best interest of the individual.

(h) An experimental drug that has not been approved for use by the United States Food and Drug Administration, unless the drug is part of an approved clinical trial and the individual’s treating physician has determined that it is in the best interest of the individual.

(i) The use of seclusion or physical or chemical restraints, unless an imminent risk of harm to the individual or others exists but only for as long as the imminent risk continues except in the case of an emergency.

(6) A health care advocate is appointed for a one-year term and may be reappointed as provided in subsection (3) of this section. The individualized service plan team may revoke the appointment of a health care advocate by a majority vote.

(7) A health care advocate may not disclose the contents of, and must maintain the confidentiality of, the individual’s health information, as required by state and federal laws.

(8) A health care decision by a health care advocate regarding a significant medical procedure or treatment must be approved by a majority of the individualized service plan team at an in-person meeting of the team at which the team considers and documents its consideration of:

(a) Alternatives to the procedure or treatment;

(b) Risks and benefits of the procedure or treatment;

(c) The anticipated impact of the procedure or treatment on the individual’s well-being;

(d) Any preferences in favor of or against the procedure or treatment communicated by the individual verbally or nonverbally; and

(e) Any additional information that is needed before making the decision.

(9) The individual must participate in the meeting described in subsection (8) of this section unless the individual declines to participate or is unable to participate due to the individual’s medical condition.

(10) An individualized service plan team must inform an individual of the team’s decision to seek a health care advocate for the individual prior to the appointment of the advocate.

(11) A health care advocate must inform an individual of all health care decisions made or considered by the advocate.

(12) An individual has the right to protest any health care decision made by a health care advocate. If the individual protests a health care decision by a health care advocate:

(a) The health care decision is revoked;

(b) The health care advocate’s authority is withdrawn with respect to the health care decision that is revoked under paragraph (a) of this subsection; and

(c) The individualized service plan team or the health care advocate shall notify the provider whose recommendation is the subject of the health care decision that is revoked under paragraph (a) of this subsection.

(13) The Department of Human Services shall ensure that appropriate training is made available to at least two members of the individual’s individualized service plan team before a health care advocate may be appointed for the individual.

(14) The department shall adopt rules necessary to carry out the provisions of this section. [2019 c.477 §1; 2021 c.97 §15]

(Section 1)

Note: The division headings, subdivision headings and leadlines for 127.800 (§1.01. Definitions) to 127.890 (§4.02. Liabilities) , 127.895 (§5.01. Severability) and 127.897 (§6.01. Form of the request) were enacted as part of Ballot Measure 16 (1994) and were not provided by Legislative Counsel.

Source: Section 127.765 — Health care advocate; appointment; powers; limitations; term; approval of certain decisions; protest; training; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 129.200 — OR Code / Title 13 / Chapter 129 / Section 129.200
129.200 UPIA 101. Short title
Status: in_force

This chapter may be cited as the Uniform Principal and Income Act. [2003 c.279 §1]

Note: Section 34, chapter 279, Oregon Laws 2003, provides:

Sec. 34. Except as may be expressly provided in a will or in the terms of a trust or in sections 1 to 31 of this 2003 Act [ORS chapter 129], sections 1 to 31 of this 2003 Act apply to the administration of all trusts and estates, whether coming into existence before, on or after the effective date of this 2003 Act [January 1, 2004]. [2003 c.279 §34]

Source: Section 129.200 — UPIA 101. Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 129.250 — OR Code / Title 13 / Chapter 129 / Section 129.250
129.250 UPIA 201. Determination and distribution of net income
Status: in_force

After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following rules apply:

(1) A fiduciary of an estate or of a terminating income interest shall determine the amount of net income and net principal receipts received from property specifically given to a beneficiary under the rules in ORS 129.270 (UPIA 301. When right to income begins and ends) to 129.425 (UPIA 506. Adjustments between principal and income because of taxes) that apply to trustees and the rules in subsection (5) of this section. The fiduciary shall distribute the net income and net principal receipts to the beneficiary who is to receive the specific property.

(2) A fiduciary shall determine the remaining net income of a decedent’s estate or a terminating income interest under the rules in ORS 129.270 (UPIA 301. When right to income begins and ends) to 129.425 (UPIA 506. Adjustments between principal and income because of taxes) that apply to trustees and by:

(a) Including in net income all income from property used to discharge liabilities;

(b) Paying from income or principal, in the fiduciary’s discretion, fees of attorneys, accountants and fiduciaries, court costs and other expenses of administration and interest on estate taxes, but the fiduciary may pay those expenses from income of property passing to a trust for which the fiduciary claims an estate tax marital or charitable deduction only to the extent that the payment of those expenses from income will not cause the reduction or loss of the deduction; and

(c) Paying from principal all other disbursements made or incurred in connection with the settlement of a decedent’s estate or the winding up of a terminating income interest, including debts, funeral expenses, disposition of remains, family allowances, and estate taxes and related penalties that are apportioned to the estate or terminating income interest by the will, the terms of the trust or applicable law.

(3) A fiduciary shall distribute to a beneficiary who receives a pecuniary amount outright the interest or any other amount provided by the will, the terms of the trust or applicable law from net income determined under subsection (2) of this section or from principal to the extent that net income is insufficient. If a beneficiary is to receive a pecuniary amount outright from a trust after an income interest ends and no interest or other amount is provided for by the terms of the trust or applicable law, the fiduciary shall distribute the interest or other amount to which the beneficiary would be entitled under applicable law if the pecuniary amount were required to be paid under a will.

(4) A fiduciary shall distribute the net income remaining after distributions required by subsection (3) of this section in the manner described in ORS 129.255 (UPIA 202. Distribution to residuary and remainder beneficiaries) to all other beneficiaries, including a beneficiary who receives a pecuniary amount in trust, even if the beneficiary holds an unqualified power to withdraw assets from the trust or other presently exercisable general power of appointment over the trust.

(5) A fiduciary may not reduce principal or income receipts from property described in subsection (1) of this section because of a payment described in ORS 129.400 (UPIA 501. Disbursements from income) or 129.405 (UPIA 502. Disbursements from principal) to the extent that the will, the terms of the trust or applicable law requires the fiduciary to make the payment from assets other than the property or to the extent that the fiduciary recovers or expects to recover the payment from a third party. The net income and principal receipts from the property are determined by including all of the amounts the fiduciary receives or pays with respect to the property, whether those amounts accrued or became due before, on or after the date of a decedent’s death or an income interest’s terminating event, and by making a reasonable provision for amounts that the fiduciary believes the estate or terminating income interest may become obligated to pay after the property is distributed. [2003 c.279 §5; 2011 c.526 §23]

Source: Section 129.250 — UPIA 201. Determination and distribution of net income , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 124.072 — OR Code / Title 13 / Chapter 124 / Section 124.072
124.072 Required disclosure of protected health information to law enforcement agency
Status: in_force

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

(a) Permit the law enforcement agency to inspect and copy, or otherwise obtain, protected health information of the named elderly person; and

(b) Upon request of the law enforcement agency, consult with the agency about the protected health information.

(2) A health care provider who in good faith discloses protected health information under this section is not civilly or criminally liable under state law for the disclosure.

(3) For purposes of this section:

(a) “Health care provider” has the meaning given that term in ORS 192.556 (Definitions for ORS 192.553 to 192.581) .

(b) “Protected health information” has the meaning given that term in ORS 192.556 (Definitions for ORS 192.553 to 192.581) . [2012 c.70 §6]

Source: Section 124.072 — Required disclosure of protected health information to law enforcement agency; liability for disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 127.535 — OR Code / Title 13 / Chapter 127 / Section 127.535
127.535 Authority of health care representative
Status: in_force

(1) A health care representative has the authority over the principal’s health care that the principal would have if the principal were not incapable, subject to the limitations of the appointment and ORS 127.540 (Limitations on authority of health care representative) and 127.580 (Presumption of consent to artificially administered nutrition and hydration) . A health care representative who is known to a health care provider to be available to make health care decisions has priority over any person other than the principal to act for the principal with respect to health care decisions. A health care representative has authority to make a health care decision for a principal only when the principal is incapable.

(2) A health care representative is not personally responsible for the cost of health care provided to the principal solely because the health care representative makes health care decisions for the principal.

(3) Except to the extent that the right is limited by the appointment or by federal law or regulation, a health care representative for an incapable principal has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records and to consent to the disclosure of medical records. The right of the health care representative to receive information as described in this section is not a waiver of any evidentiary privilege or any right to assert confidentiality with respect to others.

(4) In making health care decisions, a health care representative has a duty to act consistently with the desires of the principal as expressed in the principal’s advance directive, or as otherwise made known by the principal to the health care representative. If the principal’s preferences are unknown, a health care representative has a duty to act in a manner that the health care representative in good faith believes to be in the best interests of the principal.

(5) ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) do not authorize a health care representative or health care provider to withhold or withdraw life-sustaining procedures or artificially administered nutrition and hydration if the principal manifests an objection to the health care decision. If the principal objects to the health care decision, the health care provider shall proceed as though the principal is capable with respect to the health care decision.

(6) An advance directive or form appointing a health care representative that would be valid except that the advance directive or form appointing a health care representative is expired, is not properly witnessed or otherwise fails to meet the formal requirements of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) shall constitute evidence of the patient’s desires and interests.

(7) A health care representative is a personal representative for the purposes of ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) and the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164. [1989 c.914 §7; 1993 c.767 §9; 2005 c.53 §1; 2009 c.381 §§2,3; 2018 c.36 §13]

Source: Section 127.535 — Authority of health care representative; duties; objection by principal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 127.510 — OR Code / Title 13 / Chapter 127 / Section 127.510
127.510 Appointment of health care representative and alternate health care representative
Status: in_force

(1) A capable adult may execute an advance directive. The advance directive is effective when it is signed by the principal and witnessed or notarized as described in ORS 127.515 (Execution) .

(2) Intentionally left blank —Ed.

(a) A capable adult may use a form appointing a health care representative to appoint a competent adult to serve as the health care representative for the capable adult. A health care representative appointed under this paragraph shall make health care decisions for the principal if the principal becomes incapable.

(b) A capable adult may use a form appointing a health care representative to appoint one or more competent adults to serve as alternate health care representatives for the capable adult. For purposes of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) , an alternate health care representative has the rights and privileges of a health care representative appointed under paragraph (a) of this subsection, including the rights described in ORS 127.535 (Authority of health care representative) . An alternate health care representative appointed under this paragraph shall make health care decisions for the principal if:

(A) The principal becomes incapable; and

(B) The health care representative appointed under paragraph (a) of this subsection is unable, unwilling or unavailable to make timely health care decisions for the principal.

(c) For purposes of paragraph (b) of this subsection, the health care representative appointed under paragraph (a) of this subsection is unavailable to make timely health care decisions for the principal if the health care representative is not available to answer questions for the health care provider in person, by telephone or by another means of direct communication.

(d) An appointment made under this section is effective when it is accepted by the health care representative, as described in ORS 127.525 (Acceptance of appointment) .

(3) Unless the period of time that an advance directive or a form appointing a health care representative is effective is limited by the terms of the advance directive or the form appointing a health care representative, the advance directive or the form appointing a health care representative continues in effect until:

(a) The principal dies; or

(b) The advance directive or the form appointing a health care representative is revoked, suspended or superseded pursuant to ORS 127.545 (Revocation of advance directive or health care decision) .

(4) Notwithstanding subsection (3) of this section, if the principal is incapable at the expiration of the term of the advance directive or the form appointing a health care representative, the advance directive or the form appointing a health care representative continues in effect until:

(a) The principal is no longer incapable;

(b) The principal dies; or

(c) The advance directive or the form appointing a health care representative is revoked, suspended or superseded pursuant to the provisions of ORS 127.545 (Revocation of advance directive or health care decision) .

(5) A health care provider shall make a copy of an advance directive, a copy of a form appointing a health care representative and a copy of any other instrument a part of the principal’s medical record when a copy of the advance directive, form appointing a health care representative or instrument is provided to the principal’s health care provider.

(6) Notwithstanding subsections (3)(a) and (4)(b) of this section, an advance directive remains in effect with respect to an anatomical gift, as defined in ORS 97.953 (Definitions for ORS 97.951 to 97.982) , after the principal dies. [1989 c.914 §2; 1993 c.767 §3; 1995 c.717 §13; 2007 c.681 §28; 2018 c.36 §7; 2021 c.328 §5]

Source: Section 127.510 — Appointment of health care representative and alternate health care representative; duration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.515 — OR Code / Title 13 / Chapter 130 / Section 130.515
130.515 UTC 604. Limitation on action contesting validity of revocable trust
Status: in_force

(1) A person must commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death in the manner prescribed by ORS 12.020 (When action deemed begun) within the earlier of:

(a) Three years after the settlor’s death; or

(b) Four months after the trustee sends the person a copy of the trust instrument and notice informing the person of the trust’s existence, of the trustee’s name and address and of the time allowed for commencing a proceeding.

(2) Upon the death of the settlor of a trust that was revocable at the settlor’s death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for distribution of the property unless:

(a) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or

(b) Any person has notified the trustee in writing that the person might commence a judicial proceeding to contest the trust and a judicial proceeding is commenced by the person within 60 days after the person gives the notification.

(3) If a trust is determined to be invalid, any beneficiary who received a distribution from the trust is liable to the person entitled to the distributed property for the amount or value of the distribution. [2005 c.348 §49]

Source: Section 130.515 — UTC 604. Limitation on action contesting validity of revocable trust; distribution of trust property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.650 — OR Code / Title 13 / Chapter 128 / Section 128.650
128.650 Register of charitable organizations
Status: in_force

The Attorney General shall establish and maintain a register of charitable organizations subject to ORS 128.610 (Short title) to 128.769 (Rules) and of the particular trust or other relationship under which the charitable organizations hold property for charitable purposes and, to that end, may conduct whatever investigation is necessary, and shall obtain from public records, court officers, taxing authorities, trustees, and other sources, whatever information, copies of instruments, reports and records that are needed for the establishment and maintenance of the register. [1963 c.583 §6; 1971 c.589 §5; 1981 c.593 §5; 1985 c.729 §29; 1985 c.730 §8; 2007 c.571 §4]

Source: Section 128.650 — Register of charitable organizations; authority of Attorney General to maintain register , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 126.879 — OR Code / Title 13 / Chapter 126 / Section 126.879
126.879 Validation of transfer made before January 1, 1986
Status: in_force

(1) Any transfer of custodial property made before January 1, 1986, is validated notwithstanding that there was no specific authority in ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) prior to January 1, 1986, for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.

(2) ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) apply to all transfers made before January 1, 1986, in a manner and form prescribed in the Oregon Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on January 1, 1986.

(3) ORS 126.805 (Definitions for ORS 126.805 to 126.886) and 126.869 (Time of transfer of custodial property to beneficiary or beneficiary’s estate) with respect to the age of a minor for whom custodial property is held under ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) do not apply to custodial property held in a custodianship that terminated because of the minor’s attainment of 18 years of age after October 4, 1973, and before January 1, 1986. [1985 c.665 §23]

Source: Section 126.879 — Validation of transfer made before January 1, 1986 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 126.809 — OR Code / Title 13 / Chapter 126 / Section 126.809
126.809 Applicability of ORS 126.805 to 126.886
Status: in_force

(1) ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) apply to a transfer that refers to ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) in the designation under ORS 126.832 (Creation and transfer of custodial property) (1) by which the transfer is made if at the time of the transfer, the transferor, the beneficiary or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) despite a subsequent change in residence of a transferor, the beneficiary or the custodian or the removal of custodial property from this state.

(2) A person designated as custodian under ORS 126.805 (Definitions for ORS 126.805 to 126.886) to 126.886 (Short title) is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.

(3) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act or a substantially similar Act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the beneficiary or the custodian is a resident of the designated state or the custodial property is located in the designated state. [1985 c.665 §3; 2005 c.349 §2]

Source: Section 126.809 — Applicability of ORS 126.805 to 126.886; jurisdiction over custodian , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 127.835 — OR Code / Title 13 / Chapter 127 / Section 127.835
127.835 §3.05. Family notification
Status: in_force

The attending physician shall recommend that the patient notify the next of kin of his or her request for medication pursuant to ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) . A patient who declines or is unable to notify next of kin shall not have his or her request denied for that reason. [1995 c.3 §3.05; 1999 c.423 §6]

Source: Section 127.835 — §3.05. Family notification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 127.640 — OR Code / Title 13 / Chapter 127 / Section 127.640
127.640 Physician to determine that conditions met before withdrawing or withholding certain health care
Status: in_force

Before withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration under the provisions of ORS 127.540 (Limitations on authority of health care representative) , 127.580 (Presumption of consent to artificially administered nutrition and hydration) or 127.635 (Withdrawal of life-sustaining procedures) , the attending physician or attending health care provider shall determine that the conditions of ORS 127.540 (Limitations on authority of health care representative) , 127.580 (Presumption of consent to artificially administered nutrition and hydration) and 127.635 (Withdrawal of life-sustaining procedures) have been met. [Formerly 97.084; 1993 c.767 §22; 2018 c.36 §20]

Source: Section 127.640 — Physician to determine that conditions met before withdrawing or withholding certain health care , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.815 — OR Code / Title 13 / Chapter 130 / Section 130.815
130.815 UTC 1004. Attorney fees and costs
Status: in_force

In a judicial proceeding involving the validity or administration of a trust, the court may award costs and expenses and reasonable attorney’s fees to any party, to be paid by another party or from the trust. [2005 c.348 §86]

Source: Section 130.815 — UTC 1004. Attorney fees and costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.440 — OR Code / Title 13 / Chapter 130 / Section 130.440
130.440 Petition to close case
Status: in_force

(1) Not earlier than four months after the publication of notice to claimants, or the date on which all claims against the trust estate have been resolved, whichever is later, a trustee that has filed a petition under ORS 130.355 (Commencement of proceeding) must file a petition to close the case with a statement that all claims received by the trustee have been paid in full or otherwise resolved in the manner required by ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) . The trustee must attach to the petition an affidavit attesting to compliance with ORS 130.365 (Publication of notice) and 130.370 (Notice to individual claimants) . The trustee must attach to the affidavit a copy of the notice published under ORS 130.365 (Publication of notice) and a copy of any notice delivered or mailed under ORS 130.370 (Notice to individual claimants) . The affidavit must attest to the date on which each notice was delivered or mailed, and the name and address of the person to whom each notice was delivered or mailed.

(2) Upon the filing of the petition to close the case in compliance with the provisions of this section, the court shall enter an order closing the case. [Formerly 128.296]

Source: Section 130.440 — Petition to close case , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.649 — OR Code / Title 13 / Chapter 127 / Section 127.649
127.649 Health care organizations required to have written policies and procedures on providing information on patient’s right to make health care decisions
Status: in_force

(1) Subject to the provisions of ORS 127.652 (Time of providing information) and 127.654 (Scope of requirement) , all health care organizations shall maintain written policies and procedures, applicable to each capable adult individual who receives health care by or through the health care organization, that provide for:

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

(A) Information on the rights of the individual under the laws of this state to make health care decisions, including the right to accept or refuse medical or surgical treatment and the right to execute an advance directive or a form appointing a health care representative;

(B) Information on the policies of the health care organization with respect to the implementation of the rights of the individual under the laws of this state to make health care decisions;

(C) Materials necessary to execute an advance directive or a form appointing a health care representative; and

(D) The name of a person who can provide additional information concerning advance directives and forms appointing a health care representative.

(b) Documenting in a prominent place in the individual’s medical record whether the individual has executed an advance directive or a form appointing a health care representative.

(c) Ensuring compliance by the health care organization with the laws of this state governing advance directives and forms appointing a health care representative.

(d) Educating the staff and the community on issues relating to advance directives and forms appointing a health care representative.

(2) A health care organization does not need to deliver materials described in subsection (1)(a)(C) of this section if the health care organization has reason to believe that the individual has received materials described in subsection (1)(a)(C) of this section during the preceding 12-month period or has previously executed an advance directive or a form appointing a health care representative. [1991 c.761 §2; 1993 c.767 §26; 2018 c.36 §21]

Source: Section 127.649 — Health care organizations required to have written policies and procedures on providing information on patient’s right to make health care decisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 128.992 — OR Code / Title 13 / Chapter 128 / Section 128.992
128.992 Penalties for ORS 128.610 to 128.769
Status: in_force

Filing or assisting in preparing or filing a statement or report required by the Charitable Trust and Corporation Act, ORS 128.610 (Short title) to 128.769 (Rules) , that is false or fraudulent is a Class A misdemeanor. [1985 c.730 §3]

Source: Section 128.992 — Penalties for ORS 128.610 to 128.769 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 128.336 — OR Code / Title 13 / Chapter 128 / Section 128.336
128.336 Uniformity of application and construction
Status: in_force

In applying and construing ORS 128.305 (Short title) to 128.336 (Uniformity of application and construction) , consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Prudent Management of Institutional Funds Act. [2007 c.554 §9]

EMPLOYEES’ TRUSTS

Source: Section 128.336 — Uniformity of application and construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.500 — OR Code / Title 13 / Chapter 125 / Section 125.500
125.500 Enforcement of claim against estate or protected person
Status: in_force

(1) An action upon a claim may not be brought until the claim is disallowed or until 60 days have elapsed from the date of its presentment without allowance of payment.

(2) A creditor of the protected person or the estate of the protected person whose claim is secured may not exercise remedies against the security until at least 30 days after the claim is presented and after notice to the conservator or the attorney of the conservator that the creditor intends to exercise remedies against the security. The court may shorten the period for cause.

(3) The conservator may convey the security to the secured creditor in full or partial satisfaction of the claim if the secured creditor agrees to accept the conveyance as full satisfaction or partial satisfaction of the debt. [1995 c.664 §54]

Source: Section 125.500 — Enforcement of claim against estate or protected person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.655 — OR Code / Title 13 / Chapter 130 / Section 130.655
130.655 UTC 802. Duty of loyalty
Status: in_force

(1) A trustee shall administer the trust solely in the interests of the beneficiaries.

(2) Subject to the rights of persons dealing with or assisting the trustee as provided in ORS 130.855 (UTC 1012. Protection of person dealing with trustee) , a sale, encumbrance or other transaction involving the investment or management of trust property entered into by the trustee for the trustee’s own personal account or that is otherwise affected by a conflict between the trustee’s fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless:

(a) The transaction was authorized by the terms of the trust;

(b) The transaction was approved by a court;

(c) The beneficiary did not commence a judicial proceeding within the time allowed by ORS 130.820 (UTC 1005. Limitation of action against trustee) ;

(d) The beneficiary consented to the trustee’s conduct, ratified the transaction or released the trustee in the manner provided by ORS 130.840 (UTC 1009. Beneficiary’s consent, release or ratification) ; or

(e) The transaction involves a contract entered into or claim acquired by the trustee before the person became or contemplated becoming trustee.

(3) A sale, encumbrance or other transaction involving the investment or management of trust property is presumed to be affected by a conflict between the personal and fiduciary interests of the trustee if it is entered into by the trustee with:

(a) The trustee’s spouse;

(b) The trustee’s descendants, siblings or parents, or their spouses;

(c) An agent or attorney of the trustee; or

(d) A corporation or other person or enterprise in which the trustee, or a person that owns a significant interest in the trustee, has an interest that might affect the trustee’s best judgment.

(4) Unless a trustee can establish that the transaction was fair to the beneficiary, a transaction between a trustee and a beneficiary is voidable by the beneficiary if:

(a) The transaction does not concern trust property;

(b) The trustee obtains an advantage from the transaction;

(c) The transaction is outside the ordinary course of the trustee’s business or on terms and conditions substantially less favorable than those the trustee offers similarly situated customers; and

(d) The transaction occurs during the existence of the trust or while the trustee retains significant influence over the beneficiary.

(5) A transaction not concerning trust property in which the trustee engages in the trustee’s individual capacity involves a conflict between personal and fiduciary interests if the transaction concerns an opportunity properly belonging to the trust.

(6) An investment by a trustee in securities of an investment company or an investment trust to which the trustee, or an affiliate of the trustee, provides services in a capacity other than as trustee is not presumed to be affected by a conflict between personal and fiduciary interests if the investment otherwise complies with the prudent investor rule 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) . In addition to compensation for acting as trustee, the trustee may be compensated by the investment company or investment trust for providing those services out of fees charged to the trust. If the trustee receives compensation from the investment company or investment trust for providing investment advisory or investment management services, the trustee at least annually shall give notice of the rate and method by which that compensation was determined to the persons entitled under ORS 130.710 (UTC 813. Duty to inform and report) to receive a copy of the trustee’s annual report.

(7) In voting shares of stock of a corporation or in exercising powers of control over similar interests in corporations and other forms of business entities, the trustee shall act in the best interests of the beneficiaries. If the trust is an owner of a corporation or other form of business entity, the trustee shall elect or appoint directors or other managers who will manage the corporation or entity in the best interests of the beneficiaries.

(8) This section does not preclude the following transactions, if fair to the beneficiaries:

(a) An agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee;

(b) Payment of reasonable compensation to the trustee;

(c) A transaction between a trust and another trust, decedent’s estate, custodianship or conservatorship of which the trustee is a fiduciary or in which a beneficiary has an interest;

(d) A deposit of trust money in a financial institution operated by the trustee;

(e) An advance by the trustee of money for the protection of the trust;

(f) An advance by the trustee of money to the trust for the payment of expenses, losses or liabilities sustained by the trustee in the administration of the trust or by reason of owning or possessing any trust assets; or

(g) A loan to the trustee for the protection of the trust, or for the payment of expenses, losses or liabilities sustained by the trustee in the administration of the trust or by reason of owning or possessing any trust assets. A loan under this paragraph may be from a lender operated by, or affiliated with, the trustee.

(9) A trustee is not required to object to a modification, reformation or termination of the trust under ORS 130.045 (UTC 111. Nonjudicial settlement agreements) , 130.200 (UTC 411. Modification or termination of irrevocable trust by consent) , 130.205 (UTC 412. Modifications or termination because of unanticipated circumstances or inability to administer trust effectively) , 130.210 (UTC 413. Cy pres) , 130.215 (UTC 414. Modification or termination of uneconomic trust) , 130.220 (UTC 415. Reformation to correct mistakes) or 130.225 (UTC 416. Modification to achieve settlor’s tax objectives) , or a trust combination or division under ORS 130.230 (UTC 417) , solely because of the existence of the duty of loyalty under subsection (1) of this section or the duty to administer the trust under ORS 130.650 (UTC 801. Duty to administer trust) (1).

(10) The court may appoint a special fiduciary to make a decision with respect to any proposed transaction that might violate this section if entered into by the trustee. [2005 c.348 §60; 2007 c.515 §2; 2013 c.529 §18; 2017 c.81 §3]

Note: Section 4, chapter 81, Oregon Laws 2017, provides:

Sec. 4. The amendments to ORS 130.655 (UTC 802. Duty of loyalty) by section 3 of this 2017 Act apply only to transactions occurring on or after the effective date of this 2017 Act [January 1, 2018]. [2017 c.81 §4]

Source: Section 130.655 — UTC 802. Duty of loyalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.316 — OR Code / Title 13 / Chapter 128 / Section 128.316
128.316 Definitions for ORS 128.305 to 128.336
Status: in_force

As used in ORS 128.305 (Short title) to 128.336 (Uniformity of application and construction) :

(1) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose or any other purpose the achievement of which is beneficial to the community.

(2) “Endowment fund” means an institutional fund or part of an institutional fund that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. “Endowment fund” does not include assets that an institution designates as an endowment fund for the institution’s own use.

(3) “Gift instrument” means a record or records, including an institutional solicitation, under which property is granted to, transferred to or held by an institution as an institutional fund.

(4) “Institution” means:

(a) A person, other than an individual, organized and operated exclusively for charitable purposes;

(b) A government or governmental subdivision, agency or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and

(c) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.

(5) “Institutional fund” means a fund held by an institution exclusively for charitable purposes. “Institutional fund” does not include:

(a) Program-related assets;

(b) A fund held for an institution by a trustee that is not an institution;

(c) A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund; or

(d) A fund managed by the State Treasurer, moneys held by the State Treasurer for investment or moneys managed or held for investment by or on behalf of the State Treasurer under ORS chapter 293 or 348.

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

(7) “Program-related asset” means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.

(8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [2007 c.554 §1]

Source: Section 128.316 — Definitions for ORS 128.305 to 128.336 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 127.533 — OR Code / Title 13 / Chapter 127 / Section 127.533
127.533 Duties
Status: in_force

(1) In accordance with public notice and stakeholder participation requirements prescribed by the Oregon Health Authority, the Advance Directive Advisory Committee established under ORS 127.532 (Appointment) shall:

(a) Advise the Legislative Assembly regarding the form of an advance directive to be used in this state;

(b) Review the form set forth in ORS 127.529 (Form of advance directive) not less than once every four years for the purpose of recommending changes to the form that the advisory committee determines are necessary; and

(c) Prepare written materials that provide information regarding advance directives to assist the public with completing the advance directive form.

(2) At a minimum, the form of an advance directive recommended under this section must contain the following elements:

(a) A statement about the purposes of the advance directive, including:

(A) A statement about the purpose of the principal’s appointment of a health care representative to make health care decisions for the principal if the principal becomes incapable;

(B) A statement about the priority of health care representative appointment in ORS 127.635 (Withdrawal of life-sustaining procedures) (2) in the event the principal becomes incapable and does not have a valid health care representative appointment;

(C) A statement about the purpose of the principal’s expression of the principal’s values and beliefs with respect to health care decisions and the principal’s preferences for health care;

(D) A statement about the purpose of the principal’s expression of the principal’s preferences with respect to placement in a care home or a mental health facility;

(E) A statement that advises the principal that the advance directive allows the principal to document the principal’s preferences, but is not a POLST, as defined in ORS 127.663 (Definitions for ORS 127.663 to 127.684) ;

(F) A statement that the information described in subsection (1)(c) of this section is available on the Oregon Health Authority’s website; and

(G) A statement explaining that the principal may attach supplementary material describing the principal’s treatment preferences to the advance directive and that any attached supplementary material will be considered a part of the advance directive, consistent with ORS 127.505 (Definitions for ORS 127.505 to 127.660) (2)(b).

(b) A statement explaining the execution formalities under ORS 127.515 (Execution) , including that, to be effective, the advance directive must be:

(A) Signed by the principal; and

(B) Either witnessed and signed by at least two adults or notarized.

(c) A statement explaining the acceptance formalities under ORS 127.525 (Acceptance of appointment) , including that, to be effective, the appointment of a health care representative or an alternate health care representative must be accepted by the health care representative or the alternate health care representative.

(d) A statement explaining ORS 127.545 (Revocation of advance directive or health care decision) , including that the advance directive, once executed, supersedes any previously executed advance directive.

(e) The name, date of birth, address and other contact information of the principal.

(f) The name, address and other contact information of any health care representative or any alternate health care representative appointed by the principal.

(g) A section providing the principal with an opportunity to state the principal’s values and beliefs with respect to health care decisions, including the opportunity to describe the principal’s preferences, by completing a checklist, by providing instruction through narrative or other means, or by any combination of methods used to describe the principal’s preferences, regarding:

(A) When the principal wants all reasonably available health care necessary to preserve life and recover;

(B) When the principal wants all reasonably available health care necessary to treat chronic conditions;

(C) When the principal wants to specifically limit health care necessary to preserve life and recover, including artificially administered nutrition and hydration, cardiopulmonary resuscitation and transport to a hospital; and

(D) When the principal desires comfort care instead of health care necessary to preserve life.

(h) A section where the principal and the witnesses or notary may sign the advance directive, consistent with the execution formalities required under ORS 127.515 (Execution) .

(i) A section where any health care representative or any alternate health care representative appointed by the principal may accept the appointment, consistent with the requirements under ORS 127.525 (Acceptance of appointment) .

(3) Intentionally left blank —Ed.

(a) In recommending changes to the form of an advance directive under this section, the advisory committee shall use plain language, such as “tube feeding” and “life support.”

(b) As used in this subsection:

(A) “Life support” means life-sustaining procedures.

(B) “Tube feeding” means artificially administered nutrition and hydration.

(4) In recommending changes to the form of an advance directive under this section, the advisory committee shall use the components of the form for appointing a health care representative and an alternate health care representative set forth in ORS 127.527 (Form for appointing health care representative) .

(5) The advisory committee shall submit a report detailing the advisory committee’s recommendations developed under this section on or before September 1 of an even-numbered year following the date on which the advisory committee finalizes the recommendations in the manner provided by ORS 192.245 (Form of report to legislature) to an interim committee of the Legislative Assembly related to the judiciary. The interim committee shall consider the advisory committee’s recommendations submitted to the interim committee under this section.

(6) The Oregon Health Authority shall post the form of an advance directive set forth in ORS 127.529 (Form of advance directive) and the written materials described in subsection (1)(c) of this section on the authority’s website. [2018 c.36 §3; 2021 c.328 §3]

Source: Section 127.533 — Duties; advance directive elements; reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 128.769 — OR Code / Title 13 / Chapter 128 / Section 128.769
128.769 Rules
Status: in_force

The Attorney General may adopt all rules necessary for the implementation of ORS 128.760 (Issuance of disqualification order by Attorney General) to 128.769 (Rules) . [2013 c.260 §5]

Source: Section 128.769 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 128.826 — OR Code / Title 13 / Chapter 128 / Section 128.826
128.826 Commercial fund raising contracts and notice
Status: in_force

(1) At least 10 days prior to the commencement of each commercial fund raising solicitation campaign, a commercial fund raising firm shall file with the Attorney General a completed fund raising notice on forms prescribed by the Attorney General. A copy of the contract or letter of agreement with any beneficiary and a copy of the disclosure material required by ORS 128.824 (Disclosures required in commercial fund raising solicitations) shall be attached to the notice.

(2) The fund raising notice shall be in writing, under oath, and shall include a description of the fund raising event or campaign, the projected starting and ending dates of the campaign, 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 commercial solicitation campaign if different than the principal place of business identified on the commercial fund raising firm’s registration form as well as the person in charge of each such location. The notice shall include a provision affirming that the disclosure material described in subsection (1) of this section has been affirmed by all beneficiaries. [1985 c.729 §8; 1991 c.532 §3]

Source: Section 128.826 — Commercial fund raising contracts and notice; filing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.635 — OR Code / Title 13 / Chapter 130 / Section 130.635
130.635 UTC 708. Compensation of trustee
Status: in_force

(1) If the terms of a trust do not specify the trustee’s compensation, a trustee is entitled to compensation that is reasonable under the circumstances.

(2) If the terms of a trust specify the trustee’s compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if:

(a) The duties of the trustee are substantially different from those contemplated when the trust was created; or

(b) The compensation specified by the terms of the trust would be unreasonably low or high.

(3) If more than one trustee is serving and the terms of the trust do not specify the trustees’ compensation, the compensation paid to all trustees under this section shall be based on the total services provided by all trustees.

(4) If the terms of a trust do not specify the trustee’s compensation, the fees paid to third parties, including but not limited to financial advisors, who perform trustee functions must be taken into account in determining reasonable trustee compensation under this section. [2005 c.348 §57; 2013 c.529 §16]

Source: Section 130.635 — UTC 708. Compensation of trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 129.355 — OR Code / Title 13 / Chapter 129 / Section 129.355
129.355 UPIA 409. Deferred compensation, annuities and similar payments
Status: in_force

(1) In this section, the following terms have the following meanings:

(a) “Payment” means a payment that a trustee may receive over a fixed number of years or during the life of one or more individuals because of services rendered or property transferred to the payer in exchange for future payments. The term includes a payment made in money or property from the payer’s general assets or from a separate fund created by the payer. For purposes of subsections (4), (5), (6) and (7) of this section, the term also includes any payment from any separate fund, regardless of the reason for the payment.

(b) “Separate fund” includes a private or commercial annuity, an individual retirement account and a pension, profit-sharing, stock-bonus or stock-ownership plan.

(2) Except as provided in subsection (8) of this section, to the extent that a payment is characterized as interest, a dividend or a payment made in lieu of interest or a dividend, a trustee shall allocate that portion of the payment to income. The trustee shall allocate to principal the balance of the payment and any other payment received in the same accounting period that is not characterized as interest, a dividend or an equivalent payment.

(3) Except as provided in subsection (8) of this section, if no part of a payment is characterized as interest, a dividend or an equivalent payment, and all or part of the payment is required to be made, a trustee shall allocate to income 10 percent of the part that is required to be made during the accounting period and the balance to principal. If no part of a payment is required to be made or the payment received is the entire amount to which the trustee is entitled, the trustee shall allocate the entire payment to principal. For purposes of this subsection, a payment is not required to be made to the extent that it is made because the trustee exercises a right of withdrawal.

(4) Except as provided in subsection (5) of this section, subsections (6) and (7) of this section apply, and subsections (2) and (3) of this section do not apply, in determining the allocation of a payment made from a separate fund to either of the following:

(a) A trust for which an election has been made to qualify for a marital deduction under 26 U.S.C. 2056(b)(7), as in effect on June 9, 2011; or

(b) A trust that qualifies for the marital deduction under 26 U.S.C. 2056(b)(5), as in effect on June 9, 2011.

(5) Subsections (4), (6) and (7) of this section do not apply in determining the allocation of a series of payments made from a separate fund if and to the extent that the series of payments would, without the application of subsection (4) of this section, qualify for the marital deduction under 26 U.S.C. 2056(b)(7)(C), as in effect on June 9, 2011.

(6) Except as provided in subsection (7) of this section, a trustee shall determine the internal income of each separate fund for the accounting period as if the separate fund were a trust subject to this chapter. Upon request of the surviving spouse, the trustee shall demand that the person administering the separate fund distribute the internal income to the trust. The trustee shall allocate a payment from the separate fund to income to the extent of the internal income of the separate fund and distribute that amount to the surviving spouse. The trustee shall allocate the balance of the payment to principal. Upon request of the surviving spouse, the trustee shall allocate principal to income to the extent the internal income of the separate fund exceeds payments made from the separate fund to the trust during the accounting period.

(7) If a trustee cannot determine the internal income of a separate fund but can determine the value of the separate fund, the internal income of the separate fund is deemed to equal four percent of the fund’s value, according to the most recent statement of value preceding the beginning of the accounting period. If the trustee can determine neither the internal income of the separate fund nor the fund’s value, the internal income of the fund is deemed to equal the product of the interest rate and the present value of the expected future payments, as determined under 26 U.S.C. 7520, as in effect on June 9, 2011, for the month preceding the accounting period for which the computation is made.

(8) Intentionally left blank —Ed.

(a) An increase in value of the following obligations over the value of the obligations at the time of acquisition by the trust is distributable as income:

(A) A zero coupon security.

(B) A deferred annuity contract surrendered wholly or partially before annuitization.

(C) A life insurance contract surrendered wholly or partially before the death of the insured.

(D) Any other obligation for the payment of money that is payable at a future time in accordance with a fixed, variable or discretionary schedule of appreciation in excess of the price at which it was issued.

(b) For purposes of this subsection, the increase in value of an obligation is available for distribution only when the trustee receives cash on account of the obligation. If the obligation is surrendered or partially liquidated, the cash available must be attributed first to the increase. The increase is distributable to the income beneficiary who is the beneficiary at the time the cash is received.

(9) This section does not apply to a payment to which ORS 129.360 (UPIA 410. Liquidating asset) applies. [2003 c.279 §18; 2011 c.307 §1]

Note: Section 2, chapter 307, Oregon Laws 2011, provides:

Sec. 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 129.355 (UPIA 409. Deferred compensation, annuities and similar payments) by section 1 of this 2011 Act apply to the determination of the allocation of payments from separate funds made on or after January 1, 2011.

(2) The amendments to ORS 129.355 (UPIA 409. Deferred compensation, annuities and similar payments) by section 1 of this 2011 Act apply to the determination of the allocation of payments from separate funds made on or after the death of the grantor if:

(a) The trust established by the grantor is not funded on or before January 1, 2011; or

(b) The trust established by the grantor is first funded in calendar year 2011. [2011 c.307 §2]

Source: Section 129.355 — UPIA 409. Deferred compensation, annuities and similar payments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 128.640 — OR Code / Title 13 / Chapter 128 / Section 128.640
128.640 Exemptions from application of ORS 128.610 to 128.769
Status: in_force

(1) ORS 128.610 (Short title) to 128.769 (Rules) do not apply to the United States, any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or to any of their agencies or governmental subdivisions.

(2) ORS 128.650 (Register of charitable organizations) to 128.670 (Filing of reports) and 128.720 (Copies of certain documents and notice to be provided Attorney General) do not apply to:

(a) Any religious corporation sole or other religious corporation or organization which holds property for religious purposes, or to any officer, director or trustee thereof who holds property for like purposes;

(b) A cemetery that is registered with the State Mortuary and Cemetery Board under ORS 692.275 (Certificate of authority for operating cemetery, crematorium or facility for final disposition) or a historic cemetery listed with the Oregon Commission on Historic Cemeteries under ORS 97.782 (Listing of historic cemeteries) ; or

(c) A trustee that holds property for charitable purposes in the event that the sole beneficiary of a charitable remainder trust serves as trustee. [1963 c.583 §5; 1971 c.589 §4; 1981 c.593 §4; 1985 c.730 §7; 1989 c.334 §2; 1999 c.731 §10; 2003 c.173 §8; 2016 c.106 §40]

Source: Section 128.640 — Exemptions from application of ORS 128.610 to 128.769 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.015 — OR Code / Title 13 / Chapter 130 / Section 130.015
130.015 UTC 104. Knowledge
Status: in_force

(1) Subject to subsection (2) of this section, a person has knowledge of a fact if the person:

(a) Has actual knowledge of the fact;

(b) Has received a notice or notification of the fact; or

(c) From all the facts and circumstances known to the person at the time in question, has reason to know the fact.

(2) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee’s attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if the organization maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the employee’s regular duties or the employee knows a matter involving the trust would be materially affected by the information. [2005 c.348 §4]

Source: Section 130.015 — UTC 104. Knowledge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 124.012 — OR Code / Title 13 / Chapter 124 / Section 124.012
124.012 Filing of petitions
Status: in_force

A petition under ORS 124.010 (Petition for relief) may be filed only in a county in which the petitioner or respondent resides. Any contempt proceedings for violation of a restraining order issued under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) must be conducted by the court that issued the order, or by the circuit court for a county in which a violation of the restraining order occurs. If contempt proceedings are initiated in the circuit court for a county in which a violation of the restraining order occurs, the person initiating the contempt proceedings shall file with the court a copy of the restraining order, certified by the clerk of the court that issued the order. Upon filing of the certified copy of the restraining order, the court shall enforce the order as though that court had issued the order. [2003 c.289 §4]

Source: Section 124.012 — Filing of petitions; where contempt proceedings must be conducted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 127.635 — OR Code / Title 13 / Chapter 127 / Section 127.635
127.635 Withdrawal of life-sustaining procedures
Status: in_force

(1) Life-sustaining procedures that would otherwise be applied to a principal who is incapable and who does not have an appointed health care representative or applicable valid advance directive may be withheld or withdrawn in accordance with subsections (2) and (3) of this section if 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; or

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

(2) If a principal’s condition has been determined to meet one of the conditions set forth in subsection (1) of this section, and the principal does not have an appointed health care representative or applicable valid advance directive, the principal’s health care representative shall be the first of the following, in the following order, who can be located upon reasonable effort by the health care facility and who is willing to serve as the health care representative:

(a) A guardian of the principal who is authorized to make health care decisions, if any;

(b) The principal’s spouse;

(c) An adult designated by the others listed in this subsection who can be so located, if no person listed in this subsection objects to the designation;

(d) A majority of the adult children of the principal who can be so located;

(e) Either parent of the principal;

(f) A majority of the adult siblings of the principal who can be located with reasonable effort; or

(g) Any adult relative or adult friend.

(3) If none of the persons described in subsection (2) of this section is available, then life-sustaining procedures may be withheld or withdrawn upon the direction and under the supervision of the attending physician or attending health care provider.

(4) Intentionally left blank —Ed.

(a) Life-sustaining procedures may be withheld or withdrawn, including an election for hospice treatment, upon the direction and under the supervision of the attending physician or attending health care provider at the request of a person designated the health care representative under subsections (2) and (3) of this section only after the person has consulted with concerned family and close friends and, if the principal has a case manager, as defined by rules adopted by the Department of Human Services, after giving notice to the principal’s case manager.

(b) A case manager who receives notice under paragraph (a) of this subsection shall provide the person giving the case manager notice with any information in the case manager’s possession that is related to the principal’s values, beliefs and preferences with respect to the withholding or withdrawing of life-sustaining procedures.

(c) As used in this subsection, “hospice treatment” means treatment that focuses on palliative care, including care for acute pain and symptom management, rather than curative treatment, provided to a principal with a terminal condition.

(5) Before life-sustaining procedures may be withheld or withdrawn for a principal who has an intellectual or developmental disability, the person designated under subsection (2) or (3) of this section shall contact the department to determine if the principal has a case manager and provide notice to the case manager in accordance with subsection (4) of this section.

(6) Notwithstanding subsection (2) of this section, a person who is the principal’s parent or former guardian may not withhold or withdraw life-sustaining procedures under this section if:

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

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

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

(b) The court entered a subsequent order that:

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

(B) 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) .

(7) A principal, while not incapable, may petition the court to remove a prohibition contained in subsection (6) of this section. [Formerly 97.083; 1993 c.767 §21; 2011 c.194 §3; 2017 c.135 §1; 2018 c.36 §19; 2019 c.239 §1; 2020 s.s.1 c.20 §4]

Source: Section 127.635 — Withdrawal of life-sustaining procedures; conditions; selection of health care representative in certain cases; required consultation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.540 — OR Code / Title 13 / Chapter 125 / Section 125.540
125.540 Payment of debt and delivery of property to foreign conservator
Status: in_force

(1) A person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action belonging to a protected person, may make payment or delivery to a conservator, guardian or other fiduciary appointed by a court of the state where the protected person resides, upon being presented with proof of appointment and an affidavit made by the fiduciary stating that:

(a) A protective proceeding relating to the protected person is not pending in this state; and

(b) The fiduciary is entitled to payment or to receive delivery.

(2) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor. [1995 c.664 §62]

Source: Section 125.540 — Payment of debt and delivery of property to foreign conservator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.240 — OR Code / Title 13 / Chapter 130 / Section 130.240
130.240 Marital deduction gifts
Status: in_force

(1) As used in this section:

(a) “Marital deduction” means the federal estate tax deduction allowed for transfers under section 2056 of the Internal Revenue Code, as in effect on January 1, 2008, or the federal gift tax deduction allowed for transfers under section 2523 of the Internal Revenue Code, as in effect on January 1, 2008.

(b) “Marital deduction gift” means a transfer of property that the settlor intended to qualify for the marital deduction.

(2) If a trust contains a marital deduction gift:

(a) The provisions of the trust, including any power, duty or discretionary authority given to a fiduciary, must be construed as necessary to comply with the marital deduction provisions of the Internal Revenue Code.

(b) The fiduciary may not take any action or have any power that impairs the tax deduction for the marital deduction gift.

(c) The marital deduction gift may be satisfied only with property that qualifies for the tax deduction.

(3) If a trust executed before September 12, 1981, indicates the settlor intended that a gift provide the maximum allowable marital deduction, the trust gives the recipient an amount equal to the maximum amount of the marital deduction that would have been allowed as of the date of the gift under federal law as it existed before September 12, 1981, with adjustments for:

(a) The provisions of section 2056(c)(1)(B) and (C) of the Internal Revenue Code in effect immediately before September 12, 1981.

(b) Reduction of the amount passing under the gift by the final federal estate tax values of any other property that passes under the trust, or by other means, that qualifies for the marital deduction. This paragraph does not apply to qualified terminable interest property under section 2056(b)(7) of the Internal Revenue Code, as in effect on January 1, 2008.

(4) If a marital deduction gift is made in trust:

(a) The settlor’s spouse is the only beneficiary of income or principal of the marital deduction property as long as the spouse lives. Nothing in this paragraph prevents exercise by the settlor’s spouse of a power of appointment included in a trust that qualifies as a general power of appointment marital deduction trust.

(b) Subject to paragraph (d) of this subsection, the settlor’s spouse is entitled to all of the income of the marital deduction property at least once a year, as long as the spouse is alive.

(c) The settlor’s spouse has the right to require that the trustee of the trust make unproductive marital deduction property productive or convert it into productive property within a reasonable time.

(d) Notwithstanding any provision of ORS chapter 129, upon the death of the settlor’s spouse all remaining accrued or undistributed income from qualified terminable interest property under sections 2056(b)(7) or 2523(f) of the Internal Revenue Code, as in effect on January 1, 2008, passes to the estate of the settlor’s spouse, unless the trust provides a different disposition that qualifies for the marital deduction.

(5) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, if a trust that makes a marital deduction gift includes a requirement that the settlor’s spouse survive the settlor by a period of more than six months, or contains provisions that could result in a loss of the spouse’s interest in the trust if the spouse fails to survive the settlor by at least six months, the spouse need only survive the settlor by six months to receive the marital deduction gift.

(b) If a trust that makes a marital deduction gift includes a requirement that the settlor’s spouse survive a common disaster that results in the death of the settlor, the spouse need only survive until the final audit of the federal estate tax return for the settlor’s estate, if any, to receive the marital deduction gift.

(6) A trustee is not liable for a good faith decision whether to make any election referred to in sections 2056(b)(7) or 2523(f) of the Internal Revenue Code, as in effect on January 1, 2008.

(7) Subsections (4) and (6) of this section do not apply to a trust that qualifies for the marital deduction under 26 U.S.C. 2056, as described in 26 C.F.R. 2056(c)-2(b)(1), as in effect on January 1, 2008. [Formerly 128.398; 2009 c.275 §14]

CREDITOR’S CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS

Source: Section 130.240 — Marital deduction gifts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.232 — OR Code / Title 13 / Chapter 130 / Section 130.232
130.232 Division of trust into separate shares or portions
Status: in_force

(1) If the occurrence of an event, satisfaction of a condition or exercise of a power allows or creates an obligation for the trustee to divide a trust or any portion of a trust into separate shares or portions for the benefit of separate beneficiaries:

(a) A separate share of a trust comes into existence at the earliest possible time that a trustee may reasonably determine, based upon the facts, that a separate economic interest exists for a beneficiary;

(b) Each income beneficiary’s share resulting from the division of the trust will be deemed to have the beneficiary’s share of income based upon the beneficiary’s share of the distributable net income for the trust’s tax year relative to that of the other beneficiaries;

(c) All of the terms of the trust instrument will be applied independently to each beneficiary’s share created pursuant to this section except as terms are specifically limited in the trust instrument; and

(d) The trust or portion of the trust from which a beneficiary’s share originates will be deemed to terminate to the extent of the beneficiary’s share, subject only to the proper administration of the terminated trust occasioned by the terminating event, condition or exercise.

(2) The provisions of this section are not elective and must be read so as to be consistent with section 663(c) of the Internal Revenue Code, as in effect on December 31, 2013. Application of this section shall apply for all tax years that the trust is in existence unless an event occurs, the result of which is that the terms of the trust prevail, in which case the requirements of appropriate trust administration may require and result in a different treatment than would otherwise result in accordance with the provisions of this section. [2013 c.529 §24; 2015 c.126 §1]

Note: See note under 130.230 (UTC 417) .

Source: Section 130.232 — Division of trust into separate shares or portions; legal effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 124.040 — OR Code / Title 13 / Chapter 124 / Section 124.040
124.040 Short title
Status: in_force

ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) shall be known and may be cited as the “Elderly Persons and Persons With Disabilities Abuse Prevention Act.” [1995 c.666 §2; 1999 c.738 §4; 2003 c.264 §4]

Source: Section 124.040 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 130.305 — OR Code / Title 13 / Chapter 130 / Section 130.305
130.305 UTC 502. Spendthrift provision
Status: in_force

(1) A spendthrift provision is valid only if the provision restrains both voluntary and involuntary transfer of a beneficiary’s interest.

(2) A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary’s interest.

(3) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision. Except as otherwise provided in ORS 130.300 (UTC 501. Rights of beneficiary’s creditor or assignee) to 130.325 (UTC 507. Personal obligations of trustee) , a creditor or assignee of a beneficiary may not reach the interest of a beneficiary or a distribution by the trustee before the distribution is received by the beneficiary.

(4) A settlement agreement entered into under ORS 130.045 (UTC 111. Nonjudicial settlement agreements) is not, by itself, a transfer in violation of a valid spendthrift provision. [2005 c.348 §40; 2013 c.529 §7]

Source: Section 130.305 — UTC 502. Spendthrift provision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.880 — OR Code / Title 13 / Chapter 127 / Section 127.880
127.880 §3.14. Construction of Act
Status: in_force

Nothing in ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) shall be construed to authorize a physician or any other person to end a patient’s life by lethal injection, mercy killing or active euthanasia. Actions taken in accordance with ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) shall not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide, under the law. [1995 c.3 §3.14]

(Section 4)

Source: Section 127.880 — §3.14. Construction of Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.325 — OR Code / Title 13 / Chapter 125 / Section 125.325
125.325 Guardian’s report
Status: in_force

(1) Not later than 30 days following each anniversary of appointment, a guardian for an adult protected person shall file with the court a written report. The report must include a declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act) , if the declarant is physically outside the boundaries of the United States. Copies of the guardian’s report must be given to those persons specified in ORS 125.060 (Who must be given notice) (3). Except as provided in subsection (6) of this section, the report must be in substantially the following form:

In the Matter of the ) No. ______

Guardianship of )

____________, )

person) )

A Protected )

Person. )

GUARDIAN’S REPORT

I am the guardian for the person named above, and I make the following report to the court as required by law:

1. My name is ____________.

2. My address and telephone number are:

______________________

______________________

Phone ____________

3. The name, if applicable, and address of the place where the person now resides are:

______________________

______________________

4. The person is currently residing at the following type of facility or residence:

______________________

5. The person is currently engaged in the following programs and activities and receiving the following services (brief description):

______________________

6. I was paid for providing the following items of lodging, food or other services to the person:

______________________

______________________

7. The name of the person primarily responsible for the care of the person at the person’s place of residence is:

______________________

8. The name and address of any hospital or other institution where the person is now admitted on a temporary or permanent basis are:

______________________

______________________

9. The person’s physical condition is as follows (brief description):

______________________

______________________

10. The person’s mental condition is as follows (brief description):

______________________

______________________

11. Facts that support the conclusion that the person is incapacitated include the following:

______________________

12. I made the following contacts with the person during the past year (brief description):

______________________

13. I limited the person’s association with _____ (Please specifically name any limitations and briefly describe the limitation):

______________________

14. I made the following major decisions on behalf of the person during the past year (brief description):

______________________

15. I believe the guardianship should or should not continue because:

______________________

16. At the time of my last report, I held the following amount of money on behalf of the person: $______. Since my last report, I received the following amount of money on behalf of the person: $______. I spent the following amount of money on behalf of the person: $______. I now hold the following amount of money on behalf of the person: $______.

17. A true copy of this report will be given to the person, any conservator for the person and any other person who has requested notice.

18. Since my last report:

(a) I have been convicted of the following crimes (not including traffic violations):

______________________

(b) I have filed for or received protection from creditors under the Federal Bankruptcy Code (yes or no): _____.

(c) I have had a professional or occupational license revoked or suspended (yes or no): _____.

(d) I have had my driver license revoked or suspended (yes or no): _____.

19. Since my last report, I have delegated the following powers over the protected person for the following periods of time (provide name of person powers delegated to):

______________________

I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.

Dated this ___ day of ________, 2___.

______________________

Guardian

NOTICE: ANY PERSON INTERESTED IN THE AFFAIRS OR WELFARE OF THE PROTECTED PERSON WHO IS THE SUBJECT OF THIS REPORT WHO HAS CONCERNS ABOUT THIS REPORT OR THE GUARDIAN’S PERFORMANCE MAY CONTACT THE COURT AS FOLLOWS:

(2) If the guardian indicates in the report under subsection (1) of this section that the guardianship should not continue or fails to provide adequate information in the report supporting the continuing need for the guardianship, the court shall order the guardian to supplement the report or to file a motion to terminate the protective proceeding under ORS 125.090 (Termination of proceedings) .

(3) Failure of the guardian to comply with an order under subsection (2) of this section before the 30th day following the date of the order is grounds for removal under ORS 125.225 (Removal of fiduciary) (1).

(4) If the guardian fails to comply with an order issued under subsection (2) of this section, the court, on its own motion or on the petition of any other person, shall order the guardian to appear and show cause why the guardian should not be removed.

(5) The court shall serve a copy of any order issued under subsection (2) or (4) of this section and a copy of the report filed under subsection (1) of this section and supplemental materials, if any, upon those persons entitled to notice under ORS 125.060 (Who must be given notice) (3).

(6) If a guardian was appointed because the protected person is a vulnerable youth, the court may in its discretion:

(a) Require a guardian for a vulnerable youth to file written reports with the court more frequently than required under subsection (1) of this section; or

(b) Permit the report to be in an alternate form approved in advance by the court. [1995 c.664 §32; 1997 c.717 §6; 2007 c.284 §4; 2013 c.218 §16; 2017 c.391 §6; 2019 c.77 §3; 2019 c.198 §6; 2021 c.399 §13]

Source: Section 125.325 — Guardian’s report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 129.220 — OR Code / Title 13 / Chapter 129 / Section 129.220
129.220 UPIA 105. Judicial control of discretionary power
Status: in_force

(1) The court may not order a fiduciary to change a decision to exercise or not to exercise a discretionary power conferred by this chapter unless it determines that the decision was an abuse of the fiduciary’s discretion. A fiduciary’s decision is not an abuse of discretion merely because the court would have exercised the power in a different manner or would not have exercised the power.

(2) The decisions to which subsection (1) of this section applies include:

(a) A decision under ORS 129.215 (UPIA 104. Trustee’s power to adjust) (1) as to whether and to what extent an amount should be transferred from principal to income or from income to principal.

(b) A decision regarding the factors that are relevant to the trust and its beneficiaries, the extent to which the factors are relevant and the weight, if any, to be given to those factors in deciding whether and to what extent to exercise the discretionary power conferred by ORS 129.215 (UPIA 104. Trustee’s power to adjust) (1).

(3) If the court determines that a fiduciary has abused the fiduciary’s discretion, the court may place the income and remainder beneficiaries in the positions they would have occupied if the discretion had not been abused, according to the following rules:

(a) To the extent that the abuse of discretion has resulted in no distribution to a beneficiary or in a distribution that is too small, the court shall order the fiduciary to distribute from the trust to the beneficiary an amount that the court determines will restore the beneficiary, in whole or in part, to the beneficiary’s appropriate position.

(b) To the extent that the abuse of discretion has resulted in a distribution to a beneficiary that is too large, the court shall place the beneficiaries, the trust, or both, in whole or in part, in their appropriate positions by ordering the fiduciary to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or ordering that beneficiary to return some or all of the distribution to the trust.

(c) To the extent that the court is unable, after applying paragraphs (a) and (b) of this subsection, to place the beneficiaries, the trust, or both, in the positions they would have occupied if the discretion had not been abused, the court may order the fiduciary to pay an appropriate amount from its own funds to one or more of the beneficiaries or the trust or both.

(4) Upon petition by the fiduciary for instructions, the court having jurisdiction over a trust or estate may instruct the fiduciary on whether a proposed exercise or nonexercise by the fiduciary of a discretionary power conferred by this chapter will result in an abuse of the fiduciary’s discretion. If the petition describes the proposed exercise or nonexercise of the power and contains sufficient information to inform the beneficiaries of the reasons for the proposal, the facts upon which the fiduciary relies and an explanation of how the income and remainder beneficiaries will be affected by the proposed exercise or nonexercise of the power, a beneficiary who challenges the proposed exercise or nonexercise has the burden of establishing that it will result in an abuse of discretion. [2003 c.279 §4a; 2005 c.348 §119]

Source: Section 129.220 — UPIA 105. Judicial control of discretionary power , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).
ORS § 125.820 — OR Code / Title 13 / Chapter 125 / Section 125.820
125.820 Jurisdiction
Status: in_force

A court of this state has jurisdiction to appoint a guardian or issue a conservatorship order for a respondent if:

(1) This state is the respondent’s home state;

(2) On the date the petition is filed, this state is a significant-connection state and:

(a) The respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because this state is a more appropriate forum; or

(b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and, before the court makes the appointment or issues the order:

(A) A petition for an appointment or order is not filed in the respondent’s home state;

(B) An objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding; and

(C) The court in this state concludes that it is an appropriate forum under the factors set forth in ORS 125.827 (Appropriate forum) ;

(3) This state does not have jurisdiction under either subsection (1) or (2) of this section, the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum and jurisdiction in this state is consistent with the Oregon and United States Constitutions; or

(4) The requirements for special jurisdiction under ORS 125.822 (Special jurisdiction) are met. [2009 c.179 §9]

Note: See note under 125.800 (Short title) .

Source: Section 125.820 — Jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 125.060 — OR Code / Title 13 / Chapter 125 / Section 125.060
125.060 Who must be given notice
Status: in_force

(1) The notices required by this section must be given to all persons whose identities and addresses can be ascertained in the exercise of reasonable diligence by the person required to give the notice.

(2) Notice of the filing of a petition for the appointment of a fiduciary or entry of other protective order must be given by the petitioner to the following persons:

(a) The respondent, if the respondent has attained 14 years of age unless the petition is for the appointment of a guardian for a vulnerable youth who has attained 18 years of age and the respondent’s declaration consenting to the appointment has been filed with the court.

(b) The spouse, parents and adult children of the respondent.

(c) If the respondent does not have a spouse, parent or adult child, the person or persons most closely related to the respondent.

(d) Any person who is cohabiting with the respondent and who is interested in the affairs or welfare of the respondent.

(e) Any person who has been nominated as fiduciary or appointed to act as fiduciary 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.

(f) If the respondent is a minor, the person who has exercised principal responsibility for the care and custody of the respondent during the 60-day period before the filing of the petition.

(g) If the respondent is a minor and has no living parents, any person nominated to act as fiduciary for the minor in a will or other written instrument prepared by a parent of the minor.

(h) If the respondent is receiving moneys paid or payable by the United States through the Department of Veterans Affairs, a representative of the United States Department of Veterans Affairs regional office that has responsibility for the payments to the protected person.

(i) If the respondent is receiving moneys paid or payable for public assistance provided under ORS chapter 411 by the State of Oregon through the Department of Human Services, a representative of the department.

(j) If the respondent is receiving moneys paid or payable for medical assistance provided under ORS chapter 414 by the State of Oregon through the Oregon Health Authority, a representative of the authority.

(k) If the respondent is committed to the legal and physical custody of the Department of Corrections, the Attorney General and the superintendent or other officer in charge of the facility in which the respondent is confined.

(L) If the respondent is a foreign national, the consulate for the respondent’s country.

(m) Any other person that the court requires.

(3) Notice of a motion for the termination of the protective proceedings, for removal of a fiduciary, for modification of the powers or authority of a fiduciary, for approval of a fiduciary’s actions or for protective orders in addition to those sought in the petition must be given by the person making the motion to the following persons:

(a) The protected person, if the protected person has attained 14 years of age.

(b) Any person who has filed a request for notice in the proceedings.

(c) Except for a fiduciary who is making a motion, any fiduciary who has been appointed for the protected person.

(d) If the protected person is receiving moneys paid or payable by the United States through the Department of Veterans Affairs, a representative of the United States Department of Veterans Affairs regional office that has responsibility for the payments to the protected person.

(e) If the protected person is committed to the legal and physical custody of the Department of Corrections, the Attorney General and the superintendent or other officer in charge of the facility in which the protected person is confined.

(f) If the protected person is a vulnerable youth, the consulate of the vulnerable youth’s country of nationality or, if unknown, the consulate of the vulnerable youth’s last country of residence prior to the United States of America.

(g) Any other person that the court requires.

(4) A request for notice under subsection (3)(b) of this section must be in writing and include the name, address and phone number of the person requesting notice. A copy of the request must be mailed by the person making the request to the petitioner or to the fiduciary if a fiduciary has been appointed. The original request must be filed with the court. The person filing the request must pay the fee specified by ORS 21.135 (Standard filing fee) .

(5) A person who files a request for notice in the proceedings in the manner provided by subsection (4) of this section is entitled to receive notice from the fiduciary of any motion specified in subsection (3) of this section and of any other matter to which a person listed in subsection (2) of this section is entitled to receive notice under a specific provision of this chapter.

(6) If the Department of Human Services is nominated as guardian for the purpose of consenting to the adoption of a minor, the notice provided for in this section must also be given to the minor’s brothers, sisters, aunts, uncles and grandparents.

(7) In addition to the requirements of subsection (2) of this section, notice of the filing of a petition for the appointment of a guardian for a person who is alleged to be incapacitated must be given by the petitioner to the following persons:

(a) Any attorney who is representing the respondent in any capacity.

(b) If the respondent is a resident of a nursing home or residential facility, or if the person nominated to act as fiduciary intends to place the respondent in a nursing home or residential facility, the office of the Long Term Care Ombudsman.

(c) If the respondent is a resident of a mental health treatment facility or a residential facility for individuals with developmental disabilities, or if the person nominated to act as fiduciary intends to place the respondent in such a facility, the system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1).

(8) In addition to the requirements of subsection (3) of this section, in a protective proceeding in which a guardian has been appointed, notice of the motions specified in subsection (3) of this section, and the address, telephone number and other contact information of the protected person, must be given by the person making the motion to the following persons:

(a) Any attorney who represented the protected person at any time during the protective proceeding.

(b) If the protected person is a resident of a nursing home or residential facility, or if the motion seeks authority to place the protected person in a nursing home or residential facility, the office of the Long Term Care Ombudsman.

(c) If the protected person is a resident of a mental health treatment facility or a residential facility for individuals with developmental disabilities, or if the motion seeks authority to place the protected person in such a facility, the system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1).

(9) A respondent or protected person may not waive the notice required under this section.

(10) The requirement that notice be served on an attorney for a respondent or protected person under subsection (7)(a) or (8)(a) of this section does not impose any responsibility on the attorney receiving the notice to represent the respondent or protected person in the protective proceeding. [1995 c.664 §8; 1997 c.717 §5; 1999 c.122 §3; 1999 c.775 §2; 2001 c.900 §22; 2003 c.143 §3; 2005 c.22 §98; 2005 c.381 §22; 2005 c.498 §2; 2009 c.595 §85; 2011 c.595 §127; 2017 c.391 §2; 2021 c.399 §4]

Source: Section 125.060 — Who must be given notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.315 — OR Code / Title 13 / Chapter 130 / Section 130.315
130.315 UTC 505. Creditor’s claim against settlor
Status: in_force

(1) Whether or not the terms of a trust contain a spendthrift provision, except as provided in ORS 130.518 (Creditor protections retained upon conveyance of property held as tenants by the entirety to revocable trust) :

(a) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor’s creditors.

(b) A creditor or assignee of the settlor of an irrevocable trust may reach the maximum amount that can be distributed to or for the settlor’s benefit. If an irrevocable trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor’s interest in the portion of the trust attributable to that settlor’s contribution.

(c) If a trust was revocable at the settlor’s death, the property of the trust becomes subject to creditors’ claims as provided in ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) when the settlor dies. The payment of claims is subject to the settlor’s right to direct the priority of the sources from which liabilities of the settlor are to be paid.

(d) Notwithstanding the provisions of paragraph (b) of this subsection, the assets of an irrevocable trust may not be subject to the claims of an existing or subsequent creditor or assignee of the settlor, in whole or in part, solely because of the existence of a discretionary power granted to the trustee by the terms of the trust or any other provision of law to pay the amount of tax owed directly to the taxing authorities or to reimburse the settlor for any tax on trust income or principal that is payable or has been paid by the settlor under the law imposing the tax.

(2) For the purpose of creditors’ claims, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent property of the trust is subject to the power. The provisions of this subsection apply to the holder of a power of withdrawal only during the period that the power may be exercised.

(3) Upon the lapse, release or waiver of a power of withdrawal, the property of the trust that is the subject of the lapse, release or waiver becomes subject to claims of creditors of the holder of the power only to the extent the value of the property exceeds the greatest of:

(a) The amount specified in section 2041(b)(2) or 2514(e) of the Internal Revenue Code, as in effect on December 31, 2012;

(b) The amount specified in section 2503(b) of the Internal Revenue Code, as in effect on December 31, 2012; or

(c) Twice the amount specified in section 2503(b) of the Internal Revenue Code, as in effect on December 31, 2012, if the donor was married at the time of the transfer to which the power of withdrawal applies.

(4) The assets of an irrevocable trust that are attributable to a contribution to an inter vivos marital deduction trust described in section 2523(e) or (f) of the Internal Revenue Code, as in effect on December 31, 2012, after the death of the spouse of the settlor of the inter vivos marital deduction trust shall be deemed to have been contributed by the settlor’s spouse and not by the settlor.

(5) The assets of an irrevocable trust for the benefit of a person, including the settlor, are not subject to claims of creditors of the settlor to the extent that the property of the trust is subject to a presently exercisable general power of appointment held by a person other than the settlor.

(6) Subsections (2) and (3) of this section do not apply to a person other than a settlor who is a beneficiary of a revocable or irrevocable trust and who is also a trustee of the trust, if the power to withdraw for the person’s own benefit is limited by an ascertainable standard. [2005 c.348 §42; 2013 c.529 §9; 2017 c.17 §5; 2021 c.272 §8]

Source: Section 130.315 — UTC 505. Creditor’s claim against settlor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.760 — OR Code / Title 13 / Chapter 130 / Section 130.760
130.760 Diversification of trust investments
Status: in_force

A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying. [2005 c.348 §79]

Source: Section 130.760 — Diversification of trust investments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.666 — OR Code / Title 13 / Chapter 127 / Section 127.666
127.666 Establishment of registry
Status: in_force

(1) The Oregon Health Authority shall establish and operate a statewide registry for the collection and dissemination of physician orders for life-sustaining treatment to help ensure that medical treatment preferences for an individual nearing the end of the individual’s life are honored.

(2) The authority shall adopt rules for the registry, including but not limited to rules that:

(a) Require submission of the following documents to the registry, unless the patient has requested to opt out of the registry:

(A) A copy of each POLST;

(B) A copy of a revised POLST; and

(C) Notice of any known revocation of a POLST;

(b) Prescribe the manner for submitting information described in paragraph (a) of this subsection;

(c) Require the release of registry information to authorized users for treatment purposes;

(d) Authorize notification by the registry to specified persons of the receipt, revision or revocation of a POLST; and

(e) Establish procedures to protect the accuracy and confidentiality of information submitted to the registry.

(3) The authority may permit qualified researchers to access registry data. If the authority permits qualified researchers to have access to registry data, the authority shall adopt rules governing the access to data that shall include but need not be limited to:

(a) The process for a qualified researcher to request access to registry data;

(b) The types of data that a qualified researcher may be provided from the registry; and

(c) The manner by which a researcher must protect registry data obtained under this subsection.

(4) The authority may contract with a private or public entity to establish or maintain the registry, and such contract is exempt from the requirements of ORS chapters 279A, 279B and 279C. [2009 c.595 §1184]

Source: Section 127.666 — Establishment of registry; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.800 — OR Code / Title 13 / Chapter 125 / Section 125.800
125.800 Short title
Status: in_force

ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. [2009 c.179 §1]

Note: 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) 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 125.800 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.045 — OR Code / Title 13 / Chapter 130 / Section 130.045
130.045 UTC 111. Nonjudicial settlement agreements
Status: in_force

(1) For purposes of this section, “interested persons” means:

(a) Any settlor of a trust who is living;

(b) All qualified beneficiaries;

(c) Any acting trustee of the trust;

(d) The Attorney General if the trust is a charitable trust; and

(e) All members of a trust stewardship committee acting pursuant to ORS 130.193 (Stewardship trust) .

(2) If the trust or a portion of the trust is a charitable trust and is irrevocable, and the settlor retains a power to change the beneficiaries of the charitable trust during the settlor’s lifetime or upon the settlor’s death, the Attorney General shall be substituted as the sole interested person to represent all charitable trust beneficiaries whose beneficial interests are subject to the settlor’s retained power.

(3) Intentionally left blank —Ed.

(a) Except as otherwise provided in subsection (4) of this section, interested persons may enter into a nonjudicial settlement agreement with respect to any matter involving a trust.

(b) If the agreement is not filed with the court under subsection (6) of this section, the agreement is binding on all parties to the agreement.

(c) If the agreement is filed with the court, the agreement is binding as provided in subsections (6) and (7) of this section unless, after the filing of objections and a hearing, the court does not approve the agreement. If the court does not approve the agreement, the agreement is not binding on any beneficiary or party to the agreement.

(4) A nonjudicial settlement agreement is valid only to the extent the agreement does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.

(5) Matters that may be resolved by a nonjudicial settlement agreement include:

(a) The interpretation or construction of the terms of the trust or other writings that affect the trust.

(b) The approval of a trustee’s report or accounting.

(c) Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power.

(d) The resignation or appointment of a trustee or cotrustee and the determination of a trustee’s compensation.

(e) Transfer of a trust’s principal place of administration.

(f) Liability of a trustee for an action or failure to act relating to the trust.

(g) Determining classes of creditors, beneficiaries, heirs, next of kin or other persons.

(h) Resolving disputes arising out of the administration or distribution of the trust.

(i) Modifying the terms of the trust, including extending or reducing the period during which the trust operates.

(6) Intentionally left blank —Ed.

(a) Any interested person may file a settlement agreement entered into under this section, or a memorandum summarizing the provisions of the agreement, with the circuit court for any county where trust assets are located or where the trustee administers the trust.

(b) After collecting the fee provided for in subsection (8) of this section, the clerk shall enter the agreement or memorandum of record in the court’s register.

(c) Within five days after the filing of an agreement or memorandum under this subsection, the person making the filing must serve a notice of the filing and a copy of the agreement or memorandum on each beneficiary of the trust whose address is known at the time of the filing and who is not a party to the agreement. Service may be made personally, or by registered or certified mail, return receipt requested. The notice of filing shall be substantially in the following form:

OR MEMORANDUM OF

SETTLEMENT AGREEMENT

You are hereby notified that the attached document was filed by the undersigned in the above entitled court on the _____ day of

______, ___. Unless you file objections to the agreement within 60 days after that date, the agreement will be approved and will be binding on all beneficiaries and parties to the agreement.

If you file objections within the 60-day period, the court will fix a time and place for a hearing. At least 10 days before the date of that hearing, you must serve a copy of your objections and give notice of the time and place of the hearing to all beneficiaries and parties to the agreement. See ORS 130.045 (UTC 111. Nonjudicial settlement agreements) .

_____________________

Signature

(d) Proof of mailing of the notices required under this subsection must be filed with the court. Proof of service may be made by a certificate of service in the form provided by ORCP 7 F, by a signed acceptance of service or by a return receipt from the postal authorities.

(e) If no objections are filed with the court within 60 days after the filing of the agreement or memorandum, the agreement is effective and binding on all beneficiaries who received notice under paragraph (c) of this subsection and all beneficiaries who waived notice under subsection (7)(e) of this section.

(7) Intentionally left blank —Ed.

(a) If objections are filed with the court within 60 days after the filing of a settlement agreement or memorandum under this section, the clerk of the court shall collect the fee provided in subsection (8) of this section. Upon the filing of objections, the court shall fix a time and place for a hearing. The person filing the objections must serve a copy of the objections on all beneficiaries who are parties to the agreement and all beneficiaries who received notice under subsection (6)(c) of this section, and give notice to those persons of the time and place fixed by the court for a hearing. Service must be made at least 10 days before the date set by the court for the hearing. Service of the objections may be made personally or by registered or certified mail, return receipt requested.

(b) Proof of mailing of objections must be filed with the court. Proof of service may be made by a certificate of service in the form provided by ORCP 7 F, by a signed acceptance of service or by a return receipt from the postal authorities.

(c) The court shall approve an agreement entered into under this section after a hearing upon objections filed under this subsection unless:

(A) The agreement does not reflect the signatures of all persons required by this section;

(B) The agreement is not authorized by this section; or

(C) Approval of the agreement would not be equitable to beneficiaries who are not interested persons and who are not parties to the agreement.

(d) An agreement approved by the court after a hearing is binding on all beneficiaries and parties to the agreement.

(e) Beneficiaries entitled to notice under subsection (6)(c) of this section may waive the notice.

(8) The clerk of the circuit court shall collect in advance the filing fees established under ORS 21.135 (Standard filing fee) for the filing of an agreement or memorandum of agreement under subsection (6) of this section and for the filing of objections under subsection (7) of this section. [2005 c.348 §11; 2009 c.275 §6; 2011 c.595 §30; 2013 c.529 §2; 2019 c.162 §4]

Source: Section 130.045 — UTC 111. Nonjudicial settlement agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.605 — OR Code / Title 13 / Chapter 125 / Section 125.605
125.605 Procedure for appointment of temporary fiduciary
Status: in_force

(1) In addition to the requirements of ORS 125.055 (Petitions in protective proceedings) , a petition for the appointment of a temporary fiduciary must contain allegations of the conditions required under ORS 125.600 (In general) .

(2) Notice of a petition for the appointment of a temporary fiduciary must be given to the persons specified in ORS 125.060 (Who must be given notice) (2) in the manner provided by ORS 125.065 (Manner of giving notice) at least two days before the appointment of a temporary fiduciary. The court may waive the requirement that notice be given before appointment if the court finds that the immediate and serious danger requires an immediate appointment. In no event may the notice required by ORS 125.060 (Who must be given notice) be given more than two days after the appointment is made.

(3) Notice of a motion for the extension of a temporary fiduciary’s authority beyond 30 days under ORS 125.600 (In general) (3) must be given to the persons specified in ORS 125.060 (Who must be given notice) (2) in the manner provided by ORS 125.065 (Manner of giving notice) at least two days before the entry of an order granting the extension.

(4) The court shall appoint a visitor if the petition seeks appointment of a temporary guardian. A visitor may be appointed by the court if a petition seeks appointment of a temporary conservator. Within three days after the appointment of the temporary fiduciary, the visitor shall conduct an interview of the respondent. The visitor shall report to the court within five days after the appointment of a temporary fiduciary is made. The report of the visitor shall be limited to the conditions alleged to support the appointment of a temporary fiduciary.

(5) If objections are made to the appointment of a temporary fiduciary or to the extension of a temporary fiduciary’s authority under ORS 125.600 (In general) (3), the court shall hear the objections within two judicial days after the date on which the objections are filed. Notwithstanding ORS 21.170 (Probate filing fees and accounting fees) , no fee shall be charged to any person filing an objection to the appointment of a temporary fiduciary or to the extension of a temporary fiduciary’s authority under ORS 125.600 (In general) (3). [1995 c.664 §64; 1997 c.717 §9; 2011 c.595 §130]

Source: Section 125.605 — Procedure for appointment of temporary fiduciary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.590 — OR Code / Title 13 / Chapter 128 / Section 128.590
128.590 Filing of trust instrument as conclusive evidence of compliance with laws
Status: in_force

For purposes of ORS 128.585 (Personal liability of trustees, shareholders or beneficiaries of business trust) , filing of the trust instrument by the Secretary of State shall be conclusive evidence that all conditions precedent required to be performed by the business trust have been complied with and that the business trust is authorized to do business in this state, except as against this state in a proceeding to cancel or revoke the filing for violations of the provisions of ORS 128.580 (Business trusts subject to certain corporate laws) . [1971 c.491 §7; 1985 c.728 §82]

Source: Section 128.590 — Filing of trust instrument as conclusive evidence of compliance with laws; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.230 — OR Code / Title 13 / Chapter 125 / Section 125.230
125.230 Termination of fiduciary’s authority
Status: in_force

(1) Except as provided in subsection (3) of this section, a fiduciary’s authority terminates upon the death, resignation or removal of the fiduciary or upon the protected person’s death. If the fiduciary is a guardian appointed solely by reason of the minority of the protected person, the fiduciary’s authority terminates upon the protected person attaining 18 years of age.

(2) Resignation or removal of a fiduciary does not discharge the fiduciary until a final report or accounting has been approved by the court, any surety exonerated and the fiduciary discharged by order of the court.

(3) A guardian retains the authority to direct disposition of the remains of a deceased protected person if the guardian is unaware of any contact during the 12-month period immediately preceding the death of the protected person between the protected person and any person with priority over the fiduciary to control disposition of the remains under ORS 97.130 (Right to control disposition of remains) or to make an anatomical gift under ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) . [1995 c.664 §25; 1997 c.472 §11; 2007 c.681 §26]

Source: Section 125.230 — Termination of fiduciary’s authority; discharge of fiduciary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 128.848 — OR Code / Title 13 / Chapter 128 / Section 128.848
128.848 Accountings required of commercial coventurer
Status: in_force

A commercial coventurer shall keep a final accounting for each commercial fund raising solicitation that it conducts for a period of three years following the completion of the campaign. A commercial coventurer shall provide such an accounting for each commercial fund raising solicitation it conducts not later than 20 days after it is requested by the Attorney General or any nonprofit beneficiary. [1991 c.532 §16]

Source: Section 128.848 — Accountings required of commercial coventurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.570 — OR Code / Title 13 / Chapter 130 / Section 130.570
130.570 Advancement against share of trust
Status: in_force

Property that the settlor gives during the settlor’s lifetime to a beneficiary of the trust is an advancement against the beneficiary’s share of the trust only if either the settlor makes a written statement that the property constitutes an advancement or the beneficiary makes a written statement acknowledging that the property constitutes an advancement. For purposes of applying the property against the beneficiary’s share of the trust, the property must be valued as of the time the beneficiary takes possession or enjoyment of the property, or as of the time of death of the settlor, whichever occurs first. [Formerly 128.395]

Source: Section 130.570 — Advancement against share of trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 130.405 — OR Code / Title 13 / Chapter 130 / Section 130.405
130.405 Creditor may obtain order for payment
Status: in_force

A creditor whose claim has been allowed or established by summary determination or separate action, and who has not received payment within six months after the date of the first publication of notice to interested persons, may apply to the court for an order directing the trustee to pay the claim. The trustee may recover amounts owing under the claim from any beneficiary who received a distribution from the trust estate. The right of recovery is limited to the extent the beneficiary’s distribution would have been reduced by timely payment of all allowed or established claims. [Formerly 128.282]

Source: Section 130.405 — Creditor may obtain order for payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.760 — OR Code / Title 13 / Chapter 128 / Section 128.760
128.760 Issuance of disqualification order by Attorney General
Status: in_force

(1) The Attorney General may issue an order disqualifying a charitable organization from receiving contributions that are deductible as charitable donations for the purpose of Oregon income tax and corporate excise tax if the Attorney General finds that the organization has failed to expend at least 30 percent of the organization’s total annual functional expenses on program services when those expenses are averaged over the most recent three fiscal years for which the Attorney General has reports containing expense information. The calculation of program services expenses and total functional expenses shall be based on the amounts of program services expenses and total functional expenses identified by the organization in the organization’s Internal Revenue Service Form 990 return or other Internal Revenue Service return required to be filed as part of the organization’s report to the Attorney General.

(2) A charitable organization may request a contested case hearing within 60 days after notification from the Attorney General that the Attorney General proposes to issue a disqualification order under this section. Notwithstanding a finding that the charitable organization’s program services expenses fall below the minimum percentage specified in subsection (1) of this section, the Attorney General may decline to issue a disqualification order if the organization establishes:

(a) That the organization made payments to affiliates that should be considered in calculating the organization’s program services expenses;

(b) That the organization is accumulating revenue for a specific program purpose consistent with representations in solicitations; or

(c) Such other mitigating circumstances as may be identified by the Attorney General by rule.

(3) A disqualification order under this section remains in effect until such time as the charitable organization submits sufficient information to the Attorney General to demonstrate that the organization’s program services expenses meet the minimum percentage specified in subsection (1) of this section. A charitable organization may submit information under this subsection no earlier than one year after the disqualification order becomes final, and may not submit information under this subsection more than once each year after the initial submission is made. The information submitted under this subsection must include all Internal Revenue Service Form 990 returns, or equivalent Internal Revenue Service returns, filed by the organization after the disqualification order became final.

(4) A disqualification order under this section may not be issued to:

(a) A private foundation as defined in section 509 of the Internal Revenue Code, as in effect on October 7, 2013;

(b) A community trust or foundation operating as described in 26 C.F.R. 1.170A-9(f)(10) and (11), as in effect on October 7, 2013;

(c) A qualified charitable remainder trust described in section 664 of the Internal Revenue Code, as in effect on October 7, 2013;

(d) An organization that does not qualify to receive tax deductible contributions;

(e) An organization that is not required to file annual reports with the Attorney General;

(f) An organization that is not required to file an Internal Revenue Service Form 990 return or an equivalent Internal Revenue Service return;

(g) An organization that receives less than 50 percent of the organization’s total annual revenues from contributions or grants identified in accordance with Internal Revenue Service Form 990 or an equivalent form; and

(h) An organization that has been in existence for less than four years.

(5) When a disqualification order is issued under this section, the charitable organization that is the subject of the order does not qualify for and may not claim exemption from taxation under ORS 307.130 (Property of certain museums, volunteer fire departments and literary, benevolent, charitable and scientific institutions) for the tax year following the tax year in which the order went into effect and subsequent tax years in which the order remains in effect. [2013 c.260 §2]

Source: Section 128.760 — Issuance of disqualification order by Attorney General; hearing request; legal effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 125.030 — OR Code / Title 13 / Chapter 125 / Section 125.030
125.030 Use of limited judgment in protective proceedings
Status: in_force

(1) The appointment of a fiduciary in a protective proceeding shall be made by limited judgment.

(2) The court in a protective proceeding may enter a limited judgment only for the following decisions of the court:

(a) A decision on an objection to an accounting.

(b) A decision on placement of a protected person.

(c) A decision on the sale of the residence of a protected person.

(d) A decision on a payment that is authorized or subject to approval under ORS 125.095 (Fees, costs and disbursements payable in protective proceedings) .

(e) Such decisions of the court as may be specified by rules or orders of the Chief Justice of the Supreme Court under ORS 18.028 (Authority of Chief Justice) .

(3) A court may enter a limited judgment under subsection (2) of this section only if the court determines that there is no just reason for delay. The judgment document need not reflect the court’s determination that there is no just reason for delay. [2005 c.568 §36; 2009 c.50 §2]

Source: Section 125.030 — Use of limited judgment in protective proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.684 — OR Code / Title 13 / Chapter 127 / Section 127.684
127.684 Short title
Status: in_force

ORS 127.663 (Definitions for ORS 127.663 to 127.684) to 127.684 (Short title) shall be known and may be cited as the Oregon POLST Registry Act. [2009 c.595 §1181]

Source: Section 127.684 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.235 — OR Code / Title 13 / Chapter 130 / Section 130.235
130.235 In terrorem clause
Status: in_force

(1) Except as provided in this section, an in terrorem clause in a trust is valid and enforceable. If a beneficiary challenges a trust that contains an in terrorem clause that applies to the beneficiary, the court shall enforce the clause against the beneficiary even though the beneficiary establishes that there was probable cause for the challenge.

(2) The court shall not enforce an in terrorem clause if the beneficiary challenging the trust establishes that the beneficiary has probable cause to believe that the trust is a forgery or that the trust has been revoked.

(3) The court shall not enforce an in terrorem clause if the challenge is brought by a fiduciary acting on behalf of a protected person under the provisions of ORS chapter 125, a guardian ad litem appointed for a minor or a guardian ad litem appointed for an incapacitated or financially incapable person.

(4) For the purposes of this section, “in terrorem clause” means a provision in a trust that reduces or eliminates the interest of a beneficiary under the trust if the beneficiary challenges the validity of part or all of the trust. [2005 c.348 §38]

Source: Section 130.235 — In terrorem clause , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.150 — OR Code / Title 13 / Chapter 125 / Section 125.150
125.150 Appointment of visitors
Status: in_force

(1) Intentionally left blank —Ed.

(a) The court shall appoint a visitor upon the filing of a petition in a protective proceeding that seeks the appointment of:

(A) A guardian for an adult respondent;

(B) 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 ORS 125.055 (Petitions in protective proceedings) (6)(a), or as an adult; or

(C) A temporary fiduciary who will exercise the powers of a guardian for an adult respondent.

(b) Notwithstanding paragraph (a) of this subsection, if a petition in a protective proceeding seeks the appointment of a guardian for a respondent because the respondent is, or, if the respondent is a minor, will be a vulnerable youth, the court in its discretion may appoint a visitor.

(c) The court may appoint a visitor in any other protective proceeding or in a proceeding under ORS 109.329 (Adoption of person 18 years of age or older or legally married) .

(2) A visitor may be an officer, employee or special appointee of the court. The person appointed may not have any personal interest in the proceedings. The person appointed must have training or expertise adequate to allow the person to appropriately evaluate the functional capacity and needs of a respondent or protected person, or each petitioner and the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married) . The court shall provide a copy of the petition and other filings in the proceedings that may be of assistance to the visitor.

(3) A visitor appointed by the court under this section shall interview a person nominated or appointed as fiduciary and the respondent or protected person, or each petitioner and the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married) , personally at the place where the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married) , is located.

(4) Subject to any law relating to confidentiality, the visitor may interview any physician, naturopathic physician or psychologist who has examined the respondent or protected person, or each petitioner under ORS 109.329 (Adoption of person 18 years of age or older or legally married) , the person or officer of the institution having the care, custody or control of the respondent or protected person, or each petitioner under ORS 109.329 (Adoption of person 18 years of age or older or legally married) , and any other person who may have relevant information.

(5) If requested by a visitor under subsection (4) of this section, a physician, naturopathic physician or psychologist who has examined the respondent or protected person, or each petitioner under ORS 109.329 (Adoption of person 18 years of age or older or legally married) , may, with patient authorization or, in the case of a minor respondent, with the authorization of the minor’s parent or the person having custody of the minor, or in response to a court order in accordance with ORCP 44 or a subpoena under ORCP 55, provide any relevant information the physician, naturopathic physician or psychologist has regarding the respondent or protected person, or each petitioner under ORS 109.329 (Adoption of person 18 years of age or older or legally married) .

(6) A visitor shall determine whether it appears that the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married) , is able to attend the hearing and, if able to attend, whether the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married) , is willing to attend the hearing.

(7) If a petition is filed seeking the appointment of a guardian for an adult respondent, a visitor shall investigate the following matters:

(a) The inability of the respondent to provide for the needs of the respondent with respect to physical health, food, clothing and shelter;

(b) The location of the respondent’s residence and the ability of the respondent to live in the residence while under guardianship;

(c) Alternatives to guardianship considered by the petitioner and reasons why those alternatives are not available;

(d) Health or social services provided to the respondent during the year preceding the filing of the petition, when the petitioner has information as to those services;

(e) The inability of the respondent to resist fraud or undue influence; and

(f) Whether the respondent’s inability to provide for the needs of the respondent is an isolated incident of negligence or improvidence, or whether a pattern exists.

(8) If a petition is filed seeking the appointment of a fiduciary, a visitor shall determine whether the respondent objects to:

(a) The appointment of a fiduciary; and

(b) The nominated fiduciary or prefers another person to act as fiduciary.

(9) If a petition is filed seeking the appointment of a conservator in addition to the appointment of a guardian, a visitor shall investigate whether the respondent is financially incapable. The visitor shall interview the person nominated to act as conservator and shall interview the respondent personally at the place where the respondent is located.

(10) A visitor shall determine whether the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married) , wishes to be represented by counsel and, if so, whether the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married) , has retained counsel and, if not, the name of an attorney the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married) , wishes to retain.

(11) If the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married) , has not retained counsel, a visitor shall determine whether the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married) , desires the court to appoint counsel.

(12) If the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married) , does not plan to retain counsel and has not requested the appointment of counsel by the court, a visitor shall determine whether the appointment of counsel would help to resolve the matter and whether appointment of counsel is necessary to protect the interests of the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married) . [1995 c.664 §16; 2003 c.89 §1; 2003 c.227 §5; 2003 c.579 §§3,4; 2015 c.176 §1; 2017 c.356 §10; 2021 c.399 §9]

Source: Section 125.150 — Appointment of visitors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.736 — OR Code / Title 13 / Chapter 127 / Section 127.736
127.736 Form of declaration
Status: in_force

A declaration for mental health treatment shall be in substantially the following form:

I, ___________________, being an adult of sound mind, willfully and voluntarily make this declaration for mental health treatment. I want this declaration to be followed if a court or two physicians determine that I am unable to make decisions for myself because my ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that I lack the capacity to refuse or consent to mental health treatment. “Mental health treatment” means treatment of mental illness with psychoactive medication, admission to and retention in a health care facility for a period up to 17 days, convulsive treatment and outpatient services that are specified in this declaration.

If I become incapable of giving or withholding informed consent for mental health treatment, I want these decisions to be made by: (INITIAL ONLY ONE)

__ My appointed representative consistent with my desires, or, if my desires are unknown by my representative, in what my representative believes to be my best interests.

__ By the mental health treatment provider who requires my consent in order to treat me, but only as specifically authorized in this declaration.

If I have chosen to appoint a representative to make mental health treatment decisions for me when I am incapable, I am naming that person here. I may also name an alternate representative to serve. Each person I appoint must accept my appointment in order to serve. I understand that I am not required to appoint a representative in order to complete this declaration.

I hereby appoint:

NAME _________

ADDRESS _________

TELEPHONE # _________ to act as my representative to make decisions regarding my mental health treatment if I become incapable of giving or withholding informed consent for that treatment.

If the person named above refuses or is unable to act on my behalf, or if I revoke that person’s authority to act as my representative, I authorize the following person to act as my representative:

NAME _________

ADDRESS _________

TELEPHONE # _________

My representative is authorized to make decisions that are consistent with the wishes I have expressed in this declaration or, if not expressed, as are otherwise known to my representative. If my desires are not expressed and are not otherwise known by my representative, my representative is to act in what he or she believes to be my best interests. My representative is also authorized to receive information regarding proposed mental health treatment and to receive, review and consent to disclosure of medical records relating to that treatment.

This declaration permits me to state my wishes regarding mental health treatments including psychoactive medications, admission to and retention in a health care facility for mental health treatment for a period not to exceed 17 days, convulsive treatment and outpatient services.

If I become incapable of giving or withholding informed consent for mental health treatment, my wishes are: I CONSENT TO THE FOLLOWING MENTAL HEALTH TREATMENTS: (May include types and dosage of medications, short-term inpatient treatment, a preferred provider or facility, transport to a provider or facility, convulsive treatment or alternative outpatient treatments.)

I DO NOT CONSENT TO THE FOLLOWING MENTAL HEALTH TREATMENT: (Consider including your reasons, such as past adverse reaction, allergies or misdiagnosis. Be aware that a person may be treated without consent if the person is held pursuant to civil commitment law.)

ADDITIONAL INFORMATION ABOUT MY MENTAL HEALTH TREATMENT NEEDS: (Consider including mental or physical health history, dietary requirements, religious concerns, people to notify and other matters of importance.)

YOU MUST SIGN HERE FOR THIS DECLARATION TO BE EFFECTIVE:

______________________

(Signature/Date)

(Have this document notarized by a notary public OR have 2 competent adult witnesses complete the Affirmation of Witnesses.)

NOTARIAL CERTIFICATE:

State of ____________

County of ____________

Signed or attested before me on _____,

2___, by _______________.

________________________

Notary Public - State of Oregon

I affirm that the person signing this declaration:

(a) Is personally known to me;

(b) Signed or acknowledged his or her signature on this declaration in my presence;

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

(d) Is not related to me by blood, marriage or adoption;

(e) Is not a patient or resident in a facility that I or my relative owns or operates;

(f) Is not my patient and does not receive mental health services from me or my relative; and

(g) Has not appointed me as a representative in this document.

Witnessed by:

______________ ____________

(Signature of Witness/ (Printed Name of Witness)

Date)

______________ ____________

(Signature of Witness/ (Printed Name of Witness)

Date)

I accept this appointment and agree to serve as representative to make mental health treatment decisions. I understand that I must act consistently with the desires of the person I represent, as expressed in this declaration or, if not expressed, as otherwise known by me. If I do not know the desires of the person I represent, I have a duty to act in what I believe in good faith to be that person’s best interest. I understand that this document gives me authority to make decisions about mental health treatment only while that person has been determined to be incapable of making those decisions by a court or two physicians. I understand that the person who appointed me may revoke this declaration in whole or in part by communicating the revocation to the attending physician or other provider when the person is not incapable.

______________ ____________

(Signature of (Printed name)

Representative/Date)

______________ ____________

(Signature of Alternate (Printed name)

Representative/Date)

This is an important legal document. It creates a declaration for mental health treatment. Before signing this document, you should know these important facts:

This document allows you to make decisions in advance about certain types of mental health treatment: psychoactive medication, short-term (not to exceed 17 days) admission to a treatment facility, convulsive treatment and outpatient services. Outpatient services are mental health services provided by appointment by licensed professionals and programs. The instructions that you include in this declaration will be followed only if a court or two physicians believe that you are incapable of making treatment decisions. Otherwise, you will be considered capable to give or withhold consent for the treatments. Your instructions may be overridden if you are being held pursuant to civil commitment law.

You may also appoint a person as your representative to make treatment decisions for you if you become incapable. The person you appoint has a duty to act consistently with your desires as stated in this document or, if not stated, as otherwise known by the representative. If your representative does not know your desires, he or she must make decisions in your best interests. For the appointment to be effective, the person you appoint must accept the appointment in writing. The person also has the right to withdraw from acting as your representative at any time. A “representative” is also referred to as an “attorney-in-fact” in state law but this person does not need to be an attorney at law.

This document will continue in effect for a period of three years unless you become incapable of participating in mental health treatment decisions. If this occurs, the directive will continue in effect until you are no longer incapable.

You have the right to revoke this document in whole or in part at any time you have not been determined to be incapable. YOU MAY NOT REVOKE THIS DECLARATION WHEN YOU ARE CONSIDERED INCAPABLE BY A COURT OR TWO PHYSICIANS. A revocation is effective when it is communicated to your attending physician or other provider.

If there is anything in this document that you do not understand, you should ask a lawyer to explain it to you. This declaration will not be valid unless it is signed by two qualified witnesses who are personally known to you and who are present when you sign or acknowledge your signature.

Under Oregon law, a person may use this declaration to provide consent for mental health treatment or to appoint a representative to make mental health treatment decisions when the person is incapable of making those decisions. A person is “incapable” when, in the opinion of a court or two physicians, the person’s ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions. This document becomes operative when it is delivered to the person’s physician or other provider and remains valid until revoked or expired. Upon being presented with this declaration, a physician or provider must make it a part of the person’s medical record. When acting under authority of the declaration, a physician or provider must comply with it to the fullest extent possible. If the physician or provider is unwilling to comply with the declaration, the physician or provider may withdraw from providing treatment consistent with professional judgment and must promptly notify the person and the person’s representative and document the notification in the person’s medical record. A physician or provider who administers or does not administer mental health treatment according to and in good faith reliance upon the validity of this declaration is not subject to criminal prosecution, civil liability or professional disciplinary action resulting from a subsequent finding of the declaration’s invalidity.

[1997 c.563 §3 (enacted in lieu of 127.735); 2023 c.11 §4]

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

Source: Section 127.736 — Form of declaration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 130.540 — OR Code / Title 13 / Chapter 130 / Section 130.540
130.540 Contract of sale of property not revocation
Status: in_force

Unless otherwise provided by the terms of the trust instrument, a contract of sale made by a trustee to convey property that is the subject of a specific distribution is not a revocation of the specific distribution. If all or part of the property that is the subject of the contract of sale has not been delivered at the time set in the trust instrument for the specific distribution, the property passes by the specific distribution but is subject to the terms of the contract of sale. [Formerly 128.380]

Source: Section 130.540 — Contract of sale of property not revocation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 125.165 — OR Code / Title 13 / Chapter 125 / Section 125.165
125.165 Qualifications and standards for visitors
Status: in_force

(1) A presiding judge shall by court order establish:

(a) Qualifications for persons serving as visitors for the court, in addition to those qualifications established by this section; and

(b) Standards and procedures to be used by visitors in the performance of their duties.

(2) A visitor may be an employee of the court. The visitor may not have any personal interest in the respondent or protected person, or any pecuniary or financial interest in the proceedings, if those interests could compromise or otherwise affect the decisions of the visitor. A visitor may not receive compensation for services rendered as a fiduciary for two or more protected persons at the same time who are not related to the fiduciary.

(3) A visitor must:

(a) Have the training and expertise adequate to allow the person to conduct the interviews and make the recommendations required under ORS 125.150 (Appointment of visitors) and 125.155 (Visitor’s report) , to communicate with, assess and interact with respondents and protected persons, and to perform the other duties required of a visitor; and

(b) Demonstrate sufficient knowledge of the law so as to be able to inform a respondent or protected person of the nature and effect of a protective proceeding, to inform a respondent or protected person of the rights of the respondent or protected person in the protective proceeding, to answer the questions of a respondent or protected person and to inform fiduciaries concerning their powers and duties. [1999 c.775 §10; 2003 c.227 §2]

Source: Section 125.165 — Qualifications and standards for visitors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 130.105 — OR Code / Title 13 / Chapter 130 / Section 130.105
130.105 UTC 302. Representation by holder of testamentary power of appointment
Status: in_force

To the extent there is no conflict of interest between the holder of a testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests are subject to the power as permissible appointees, as takers in default or by other reason. [2005 c.348 §17; 2007 c.33 §1]

Source: Section 130.105 — UTC 302. Representation by holder of testamentary power of appointment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 124.080 — OR Code / Title 13 / Chapter 124 / Section 124.080
124.080 Photographing of victim
Status: in_force

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

(2) For purposes of ORS 124.090 (Confidentiality of records) , photographs taken under authority of subsection (1) of this section shall be considered records. [Formerly 410.670]

Source: Section 124.080 — Photographing of victim; photograph as record , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 127.895 — OR Code / Title 13 / Chapter 127 / Section 127.895
127.895 §5.01. Severability
Status: in_force

Any section of ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) being held invalid as to any person or circumstance shall not affect the application of any other section of ORS 127.800 (§1.01. Definitions) to 127.897 (§6.01. Form of the request) which can be given full effect without the invalid section or application. [1995 c.3 §5.01]

(Section 6)

Source: Section 127.895 — §5.01. Severability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 126.816 — OR Code / Title 13 / Chapter 126 / Section 126.816
126.816 Irrevocable gifts or exercise of power of appointment
Status: in_force

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a beneficiary pursuant to ORS 126.832 (Creation and transfer of custodial property) . [1985 c.665 §5; 2005 c.349 §4]

Source: Section 126.816 — Irrevocable gifts or exercise of power of appointment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html (accessed May 26, 2025).
ORS § 125.300 — OR Code / Title 13 / Chapter 125 / Section 125.300
125.300 In general
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, a guardian may be appointed for an adult person only as is necessary to promote and protect the well-being of the protected person. A guardianship for an adult person must be designed to encourage the development of maximum self-reliance and independence of the protected person and may be ordered only to the extent necessitated by the person’s actual mental and physical limitations.

(b) A guardian may be appointed for an adult person if there is clear and convincing evidence that the person is a vulnerable youth. A guardianship for a vulnerable youth must be designed to encourage the development of maximum self-reliance and independence of the vulnerable youth and may be ordered only to the extent that the vulnerable youth consents and that is necessitated by the circumstances justifying the appointment of a guardian for the vulnerable youth.

(2) An adult protected person for whom a guardian has been appointed is not presumed to be incompetent.

(3) A protected person retains all legal and civil rights provided by law except those that have been expressly limited by court order or specifically granted to the guardian by the court. Rights retained by the person include but are not limited to the right to contact and retain counsel and to have access to personal records. [1995 c.664 §27; 2021 c.399 §10]

Source: Section 125.300 — In general , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 127.725 — OR Code / Title 13 / Chapter 127 / Section 127.725
127.725 Limitations on liability of physician or provider
Status: in_force

A physician or provider who administers or does not administer mental health treatment according to and in good faith reliance upon the validity of a declaration is not subject to criminal prosecution, civil liability or professional disciplinary action resulting from a subsequent finding of a declaration’s invalidity. [1993 c.442 §11]

Source: Section 127.725 — Limitations on liability of physician or provider , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).
ORS § 125.694 — OR Code / Title 13 / Chapter 125 / Section 125.694
125.694 Confidentiality
Status: in_force

(1) As used in this section, “personal representative” and “protected health information” have the meanings given those terms in ORS 192.556 (Definitions for ORS 192.553 to 192.581) .

(2) All information and records acquired by a high-risk team established under ORS 125.693 (High-risk teams) in the exercise of its duties are confidential and may be disclosed only when necessary to carry out the purposes of the high-risk team.

(3) A member agency of a high-risk team or a member of a high-risk team may use or disclose protected health information without obtaining an authorization from a highly vulnerable adult or a personal representative of the highly vulnerable adult if the member agency believes in good faith that the use or disclosure is necessary to prevent or lessen a serious threat to the health or safety of any person or the public. A member agency may only disclose personal health information under this subsection to a person who is reasonably able to prevent or lessen the threat, including the target of the threat. [2019 c.96 §2]

Note: See note under 125.693 (High-risk teams) .

Source: Section 125.694 — Confidentiality , https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html (accessed May 26, 2025).
ORS § 124.022 — OR Code / Title 13 / Chapter 124 / Section 124.022
124.022 Service of restraining order by sheriff
Status: in_force

(1) A sheriff may serve a restraining order issued under ORS 124.020 (Ex parte hearing) in the county in which the sheriff was elected and in any county that is adjacent to the county in which the sheriff was elected.

(2) A sheriff may serve and enter into the Law Enforcement Data System a copy of a restraining order under ORS 124.020 (Ex parte hearing) that was transmitted to the sheriff by a court or law enforcement agency using an electronic communication device. Before transmitting a restraining order to a sheriff under this subsection by telephonic facsimile or electronic mail, the person sending the copy must receive confirmation from the sheriff’s office that an electronic communication device is available and operating. For purposes of this subsection, “electronic communication device” means a device by which any kind of electronic communication can be made, including but not limited to communication by telephonic facsimile and electronic mail. [2003 c.304 §12; 2007 c.255 §9; 2011 c.269 §4]

Source: Section 124.022 — Service of restraining order by sheriff; transmission by electronic communication device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).
ORS § 128.670 — OR Code / Title 13 / Chapter 128 / Section 128.670
128.670 Filing of reports
Status: in_force

(1) Except as otherwise provided, every charitable organization subject to ORS 128.610 (Short title) to 128.769 (Rules) shall, in addition to filing copies of the instruments previously required, file with the Attorney General annual written reports setting forth information as to the nature of the assets held for charitable purposes and the administration thereof by the corporation or trustee.

(2) The Attorney General may classify trusts and other relationships concerning property held for a charitable purpose as to purpose, nature of assets, duration of the trust or other relationship, amount of assets, amounts to be devoted to charitable purposes, nature of trustee, or otherwise, and may establish different rules for the different classes as to time and nature of the reports required to the ends that:

(a) The Attorney General shall receive reasonably current, annual reports as to all charitable trusts or other relationships of a similar nature, which will enable the Attorney General to ascertain whether they are being properly administered; and

(b) The annual reports do not unreasonably add to the expense of the administration of charitable trusts and similar relationships.

(3) The Attorney General may suspend the filing of reports as to a particular charitable trust or relationship for a reasonable, specifically designated time after the Attorney General has filed in the register of charitable trusts a written statement that the interests of the beneficiaries will not be prejudiced thereby and that annual reports are not required for proper supervision by the Attorney General’s office.

(4) A copy of an account filed by the trustee in any court having jurisdiction of the trust or other relationship, if the account substantially complies with the rules of the Attorney General, may be filed as a report required by this section.

(5) The first report for a trust or similar relationship hereafter established, unless the filing thereof is suspended as provided in subsection (3) of this section, shall be filed not later than four months and 15 days following the close of the first calendar or fiscal year in which any part of the income or principal is authorized or required to be applied to a charitable purpose. Subsequent annual reports shall be submitted not later than four months and 15 days following the close of each calendar or fiscal year adopted by the charitable organization.

(6) The Attorney General shall make rules as to the time for filing reports, the contents thereof, and the manner of executing and filing them. The Attorney General may make additional rules and amend existing rules as necessary for the proper administration of ORS 128.610 (Short title) to 128.769 (Rules) .

(7) Intentionally left blank —Ed.

(a) A charitable organization, when filing a report required under this section, shall pay a fee to the Department of Justice in accordance with a fee schedule established by the department by rule.

(b) The fee schedule shall consist of the following elements:

(A) A fee that the department shall set according to a scale graduated on the basis of the charitable organization’s receipts and income during the time covered by the report, with a lower fee applying to lower receipts and income and a higher fee applying to higher receipts and income. The minimum applicable fee is $10 and the maximum applicable fee is $400.

(B) A fee based on a percentage of the fund balance the charitable organization has at the close of the organization’s calendar or fiscal year. The department shall set the fee under this subparagraph at not more than 0.02 of one percent of the fund balance or $2,000, whichever is less.

(c) The charitable organization shall pay a fee that consists of both elements set forth in paragraph (b) of this subsection at the time the organization files a report required under this section.

(d) In calculating the fee element set forth in paragraph (b)(B) of this subsection, the department may not include in the fund balance any fixed assets that the charitable organization uses for operations.

(e) The department shall ensure that the aggregate amount of fees paid under this section is sufficient to pay the department’s expenses in administering ORS 128.610 (Short title) to 128.769 (Rules) and 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) .

(8) Intentionally left blank —Ed.

(a) If the charitable organization does not pay the fee prescribed by rules adopted under subsection (7) of this section or fails to file a report by the date due, the charitable organization, in addition to the fee due, shall pay a delinquency fee in an amount the department specifies by rule. The department may increase the delinquency fee or charge additional delinquency fees based on the length of time the payment or report is delinquent.

(b) In addition to charging any delinquency fee required under paragraph (a) of this subsection, the Attorney General, in compliance with the procedures set forth in ORS chapter 183, may take either or both of these actions:

(A) Impose a civil penalty of not more than $2,000 on any charitable organization that fails to file a delinquent report or fails to pay a delinquency fee or a fee due under subsection (7) of this section within 90 days after receiving notice of the delinquency; or

(B) Order any charitable organization to cease soliciting contributions until the charitable organization has paid a fee or delinquency fee imposed under this section or has filed a report required under this section.

(c) In any judicial review of the order of the Attorney General, the order shall be reversed or modified only if the court finds that the Attorney General lacked authority to issue the order or impose the penalty or that the amount of the penalty imposed was unconscionable in the circumstances.

(d) The Attorney General may grant an extension of time for a reasonable period for filing a report upon written application filed by or on behalf of the charitable organization stating the reason that additional time should be allowed for filing the report beyond the ordinary due date. If the request is submitted on or prior to the due date for filing the report, the delinquency fee described in paragraph (a) of this subsection will not be due unless the report and fee are thereafter not filed within the extended period granted for filing the report, or, if the request is denied, within 10 days after the denial is received by the corporation.

(9) All fees and penalties received by the Department of Justice under subsections (7) and (8) of this section shall be paid over to the State Treasurer monthly for deposit in the Department of Justice Operating Account created under the provisions of ORS 180.180 (Department of Justice Operating Account) . Amounts deposited pursuant to this subsection are continuously appropriated to the Attorney General to pay the expenses of the Department of Justice in administering ORS 128.610 (Short title) to 128.769 (Rules) and 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) and for no other purpose. [1963 c.583 §8; 1971 c.589 §7; 1973 c.506 §40; 1973 c.775 §4; 1975 c.388 §5; 1981 c.593 §7; 1985 c.730 §9; 1991 c.734 §7; 2007 c.571 §1; 2014 c.8 §3]

Source: Section 128.670 — Filing of reports; rules; fees; authority of Attorney General relating to reports; civil penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.410 — OR Code / Title 13 / Chapter 130 / Section 130.410
130.410 Evidence required to allow court approval of claim disallowed by trustee
Status: in_force

A claim that has been disallowed by a trustee under ORS 130.350 (Statute of limitations) to 130.450 (Consolidation of proceedings) may not be allowed by any court except upon some competent, satisfactory evidence other than the testimony of the claimant. [Formerly 128.284]

Source: Section 130.410 — Evidence required to allow court approval of claim disallowed by trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 128.085 — OR Code / Title 13 / Chapter 128 / Section 128.085
128.085 Limitations on trustee’s administration of “private foundation” trust
Status: in_force

Notwithstanding any provision to the contrary in the governing instrument or any law of this state, the trustee of a trust which is a “private foundation” as defined in section 509 of the Internal Revenue Code of 1954 (including nonexempt charitable trusts as defined in section 4947 (a) (1) 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 distribute its income and, when necessary, amounts from principal at such time and in such manner as not to subject the trust to the taxes on failure to distribute income imposed by section 4942 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; shall not make any investments 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; and shall not make any taxable expenditures as defined in section 4945 (d) of the Internal Revenue Code of 1954. [1971 c.197 §1]

Source: Section 128.085 — Limitations on trustee’s administration of “private foundation” trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html (accessed May 26, 2025).
ORS § 130.195 — OR Code / Title 13 / Chapter 130 / Section 130.195
130.195 UTC 410. Modification or termination of trust
Status: in_force

(1) In addition to the methods of termination prescribed by ORS 130.045 (UTC 111. Nonjudicial settlement agreements) , 130.200 (UTC 411. Modification or termination of irrevocable trust by consent) , 130.205 (UTC 412. Modifications or termination because of unanticipated circumstances or inability to administer trust effectively) , 130.210 (UTC 413. Cy pres) and 130.215 (UTC 414. Modification or termination of uneconomic trust) , a trust terminates:

(a) To the extent the trust is revoked or expires pursuant to the terms of the trust;

(b) If no purpose of the trust remains to be achieved; or

(c) To the extent one or more of the purposes of the trust have become unlawful, contrary to public policy or impossible to achieve.

(2) A proceeding to approve or disapprove a proposed modification or termination under ORS 130.045 (UTC 111. Nonjudicial settlement agreements) , 130.200 (UTC 411. Modification or termination of irrevocable trust by consent) , 130.205 (UTC 412. Modifications or termination because of unanticipated circumstances or inability to administer trust effectively) , 130.210 (UTC 413. Cy pres) , 130.215 (UTC 414. Modification or termination of uneconomic trust) , 130.220 (UTC 415. Reformation to correct mistakes) and 130.225 (UTC 416. Modification to achieve settlor’s tax objectives) , or trust combination or division under ORS 130.230 (UTC 417) , may be commenced by a trustee or beneficiary. A proceeding to approve or disapprove a proposed modification or termination under ORS 130.200 (UTC 411. Modification or termination of irrevocable trust by consent) may be commenced by the settlor. The settlor of a charitable trust may maintain a proceeding to modify the trust under ORS 130.210 (UTC 413. Cy pres) . [2005 c.348 §30; 2009 c.275 §10; 2013 c.529 §4]

Source: Section 130.195 — UTC 410. Modification or termination of trust; proceedings for approval or disapproval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025).
ORS § 127.737 — OR Code / Title 13 / Chapter 127 / Section 127.737
127.737 Certain other laws applicable to declaration
Status: in_force

ORS 127.525 (Acceptance of appointment) , 127.550 (Petition for judicial review of advance directives) , 127.565 (Independent medical judgment of provider) , 127.570 (Mercy killing) , 127.575 (Instrument presumed valid) and 127.995 (Penalties) apply to a declaration for mental health treatment. [1993 c.442 §17; 2018 c.36 §22]

Source: Section 127.737 — Certain other laws applicable to declaration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors127.­html (accessed May 26, 2025).