MANAGING SOMEONE ELSE’S MONEY 

Help for court-appointed 

conservators 

in Oregon

Consumer Financial

Protection Bureau

HELP FOR COURT-APPOINTED CONSERVATORS IN OREGON 1 

About the Consumer Financial 

Protection Bureau

The Consumer Financial Protection Bureau, or CFPB, is focused 

on making markets for consumer financial products and services 

work for consumers — whether they are applying for a mortgage, 

choosing among credit cards, or using any number of other 

consumer financial products. We empower consumers to take 

more control over their financial lives. 

The CFPB Office for Older Americans is the only federal office 

dedicated to the financial health of Americans age 62 and over. 

Along with other agencies, the Office works to support sound 

financial decision-making and to prevent financial exploitation 

of older adults. To help people (including family members) with 

legal authority to handle an older person’s money, the Office 

contracted and worked closely with the American Bar Association 

Commission on Law and Aging (ABA Commission) and state 

professionals to prepare this guide.* 

Though the guide was developed by the ABA Commission, it 

is not intended to provide legal advice or serve as a substitute 

for your own legal counsel. If you have questions or concerns, 

we recommend that you seek the guidance of an appropriate 

legal professional.

*Oregon professionalswho worked on this guide are Nancy MacDonald, Fred 

Steele, and Whitney Yazzolino. 
2 MANAGING SOMEONE ELSE’S MONEY 
HELP FOR COURT-APPOINTED CONSERVATORS IN OREGON 3 

What’s inside

About the Consumer Financial Protection Bureau�������������������������������������������������������1

Why read this guide? ��������������������������������������������������������������������������������������������������������5

What is a fiduciary? 6

Conservator questions and answers 6

Four basic duties of a fiduciary ���������������������������������������������������������������������������������������8

Duty 1 | Act only in Martin’s best interest 8

Duty 2 | Manage Martin’s money and property carefully 10

Duty 3 | Keep Martin’s money and property separate 14

Duty 4 | Keep good records and report to the court 14

More things you should know����������������������������������������������������������������������������������������17

What if there are other fiduciaries? 17

Government benefits require special fiduciaries 17

How can you avoid problems with family or friends? 18

What should you know about working with professionals? 18

Watch out for financial exploitation �����������������������������������������������������������������������������19

Look for these common signs of financial exploitation 19

What can you do if Martin has been exploited? 20

Be on guard for consumer scams ���������������������������������������������������������������������������������21

How can you protect Martin from scams? 21

What can you do if Martin has been scammed? 22

Where to go for help �������������������������������������������������������������������������������������������������������24

Local and state agencies 24

Federal agencies 25

For legal help 25

For accounting help 26
4 MANAGING SOMEONE ELSE’S MONEY 
HELP FOR COURT-APPOINTED CONSERVATORS IN OREGON 5 

Why read this guide? 

Like many people, you may never have been a conservator of someone else’s 

property before. That’s why we created Managing someone else’s money: Help 

for court-appointed conservators in Oregon. This guide will help you understand 

what you can and cannot do in your role as a conservator. In that role, you are 

a fiduciary. For this guide, a fiduciary is anyone named to manage money or 

property for someone else. You’ll find brief tips to help you avoid problems and 

resources for finding more information. 

This guide is for family and friends serving as a conservator, not for professionals or 

organizations. The guide does not give you legal advice. Talk to your lawyer if you 

have questions about your duties.

If you want to learn about how to become a conservator, this guide is not 

designed for you. Talk to a lawyer or read the Guardianship Handbook: Protective 

Proceedings for Adults by Disability Rights Oregon, http://droregon.org/wpcontent/uploads/Guardianship-Handbook-Third-Edition.pdf. 

Let’s start with a scenario about how you might have 

become a conservator

Your family member or friend may not be able to make decisions on his 

own about his money and property. For this guide, let’s call him Martin. 

After a hearing, the court has named you conservator for Martin. You 

now have the duty and power to make decisions on Martin’s behalf about 

some or all of his money and property. 

The court has given you a lot of responsibility as Martin’s conservator. 

You are now a fiduciary with fiduciary duties.
6 MANAGING SOMEONE ELSE’S MONEY 

What is a fiduciary? 

Since you have been named to manage money or property 

for someone else, you are a fiduciary. The law requires you to 

manage Martin’s money and property for HIS benefit, not yours. 

It does not matter if you are managing a lot of money or a little. It 

does not matter if you are a family member or not. 

The role of a fiduciary carries with it legal responsibilities. When 

you act as a fiduciary for Martin, you have four basic duties that 

you must keep in mind:

1. Act only in Martin’s best interes

2. Manage Martin’s money and property carefull

3. Keep Martin’s money and property separate from your

4. Keep good record

As a fiduciary, you must be trustworthy, honest, and act in good 

faith. If you do not meet these standards, you could be removed 

as a fiduciary, sued, or have to repay money. It is even possible 

that the police or sheriff could investigate you and you could go 

to jail. That’s why it’s always important to remember: It is not 

your money!

Conservator questions and answers 

What is a conservator?

A conservator is someone the court names to manage money 

and property for someone else whom the court has found cannot 

manage it alone. 

Sometimes a conservator is also appointed as guardian. 

A guardian makes Martin’s health care and other personal 

decisions. Sometimes a different person is appointed to be 

the guardian, or Martin himself may still be able to make these 

personal decisions. 

This guide only covers duties of the conservator. 

Different types of 

fiduciaries exist

In your role as conservator, 

you may act as or deal with 

other types of fiduciaries. 

These may include: 

Trustees under a revocable 

trust (sometimes called 

a living trust)—someone 

names them to manage 

money and property.

Representative payees 

or, for veterans, VA 

fiduciaries—agovernment 

agency names them to 

manage government money 

that is paid to someone.

Agents under a power of 

attorney—someone names 

an agent to manage their 

money and property in case 

they are not able to do it.

Other guides explaining 

the duties of these 

fiduciaries are at: www.

consumerfinance.gov/

managing-someoneelses-money
HELP FOR COURT-APPOINTED CONSERVATORS IN OREGON 7 

Don’t expect others to 

know what a conservator 

is or does. 

They may not understand 

that you have been 

appointed by the court. 

They may think you have 

more authority or less 

authority than you really 

have. You may need to 

educate them. You could 

show them this guide and 

a copy of the court order 

appointing you. 

What are your responsibilities as a conservator?

As conservator, you have a double duty—both to Martin, the 

person you are serving, and to the court. 

DUTY TO MARTIN

You must always keep Martin’s best interests in mind. In 

managing his money, you must act for his good and not for your 

own good. Involve Martin in decisions as much as possible.

DUTY TO THE COURT

You are an agent of the court. The court has trusted you. You must 

report to the court regularly and be ready to answer any questions.

When do your responsibilities end?

Your responsibilities as Martin’s conservator last until the court 

relieves you of your duties. The court may do this because 

someone else has been appointed, Martin has died, or Martin no 

longer needs a conservator.
8 MANAGING SOMEONE ELSE’S MONEY 

Four basic duties of a fiduciary 

Duty 1 | Act only in Martin’s best interest

Because you are dealing with Martin’s money and property, your duty is to make 

decisions that are best for him, as well as any dependents he has. This means you 

must ignore your own interests and needs, or the interests and needs of other people. 

To help act in Martin’s best interest, follow these guidelines: 

§ Consider retaining an attorney to advise you in serving as conservator. 

Retaining an attorney is not required by Oregon law, but an attorney will help 

you to understand your duties. Find an attorney who has experience with 

conservatorships. 

§ Read the court judgment. Your powers, limitations and duties as Martin’s

conservator are written in Oregon law. They also may be written in the court 

judgment that appointed you. Some court judgments may be detailed, while 

others may be very general. Read the court judgment closely, and talk to your 

lawyer if you don’t understand it. Ask questions and learn all you can about what 

you should do—and what you should not do.

§ Do what the court judgment says—and don’t do what it says you should 

not do. It is important that you not act beyond what the law and the court

judgment allow, and that you carry out the basic tasks necessary. Your powers 

may be limited to certain actions or certain amounts of money. You may need 

to get the court to approve other actions. Even if you have the best intentions, 

follow the court order. 

§ As much as possible, involve Martin in decisions. Many things can affect your 

decisions. For example, you might feel pressure from others. Martin’s abilities 

to make decisions might change from time to time, or maybe Martin was never 

able to make decisions about his money and property. Consider these three steps:

ú First, ask Martin what he wants. He may be able to decide some things. If

so, take this into account, especially if it is similar to his thinking in the past 

and the risk of harm to him is not unreasonable. For example, if Martin 
HELP FOR COURT-APPOINTED CONSERVATORS IN OREGON 9 

wants to handle money, see if he can manage a small 

bank account or a monthly cash allowance. Doing this 

will let him be in charge of a set amount, and you will 

limit the risk to that amount. 

ú Second, try to find out what Martin would have wanted. 

Look at any past decisions, actions, and statements. Find 

as much information as you can. Ask people who care 

about Martin what they think he would have wanted. 

Make the decision you think that Martin would have 

made, unless doing so would harm him. 

ú Third, do what you think is best for him. If you have

looked hard and still don’t know what Martin would have 

wanted—or if Martin could never make decisions about 

money and property—use your judgment about what 

is best. Put Martin’s well-being above saving money for 

others who may inherit his money and property. Make sure 

that he is safe and comfortable, and his needs are met.

§ Avoid conflicts of interest. A conflict of interest happens 

if you make a decision about Martin’s property that may 

benefit someone else at Martin’s expense. Because you 

were appointed by the court, you have a strict duty to avoid 

conflicts of interest—or even the appearance of a conflict of 

interest. Try to keep an “arm’s length distance” between your 

interests and any use of Martin’s money.

§ Don’t borrow, loan, or give Martin’s money to yourself or 

others. Even if the court order clearly allows gifts to you or

others, be very careful to avoid conflicts of interest. Under 

Oregon law, the court must approve all gifts except when:

ú The gifts are for $250 or less per person in a calendar 

year, and

ú The gifts add up to $1,000 or less in a calendar year.

Make sure that any gifts do not increase or complicate Martin’s 

taxes or change his plans for his property when he dies. Any 

gifts or loans should be in line with what Martin would have 

wanted. For example, if Martin gave money every year to a 

charity, the court may allow you to continue doing that.

Avoid possible conflicts 

of interest

Sometimes people have 

good intentions, but do 

things they shouldn’t. 

Because you are now a 

fiduciary, you should 

avoid any conflicts of 

interest. Here are a few 

examples of possible 

conflicts of interest:

Whose car is it? 

You used Martin’s money 

to buy a car. You use it to 

drive him to appointments, 

but most of the time you 

drive the car just for your 

own needs. This may be a 

conflict of interest. 

Should you do business 

with family? 

Martin needs repair 

work in his apartment. You 

hire your son and pay him 

from Martin’s money.

This may be a conflict 

of interest, even though 

the work was needed. It 

appears that you have put 

your personal interest to 

benefit your son in conflict 

with Martin’s interests.
10 MANAGING SOMEONE ELSE’S MONEY 

§ Avoid changing Martin’s plans for giving away his money or 

property when he dies. Under Oregon law, you must take 

Martin’s plans into account when you make decisions about 

his money and property. There may be rare situations 

when changing Martin’s plans is in his best interest. But you 

should get legal advice and approval from the court before 

you do anything.

§ Don’t pay yourself for the time you spend acting as Martin’s 

conservator until the court has approved your fees. Under 

Oregon law, you must first have court approval before you can 

be paid from Martin’s money. Carefully document how much 

time you spend and what you do. You must present your time 

records to the court when your annual accounting is filed. 

To avoid any surprises or misunderstandings, tell family about 

your fees when you begin your duties as a conservator. Talk 

to your lawyer about the hourly fee for your services. If you 

charge fees, charge fees that are reasonable. Don’t charge 

for things you do that are not specifically as conservator. For 

instance, don’t charge fees if you shop for Martin or personally 

make home repairs. If necessary, you can pay someone else at 

a lower rate for these tasks and document the expenses.

Duty 2 | Manage Martin’s money and 

property carefully

As Martin’s conservator, you might pay bills, oversee bank 

accounts, or pay for things he needs. You might also make 

investments, pay taxes, collect rent or unpaid debts, get 

insurance if needed, cancel any unneeded insurance, and 

do other things in the court order. Your authority is limited to 

financial decisions, so work with Martin or any other decisionmakers on choices important to Martin. 

You have a duty to manage Martin’s money and property very 

carefully. Use good judgment and common sense. As a fiduciary, 

you must be even more careful with Martin’s money than you 

might be with your own! 

Follow these guidelines and strictly follow the court’s procedures:

Tips for making an 

inventory 

Don’t leave anything out

Even if you know Martin 

wants you to have certain 

things and says so in his will, 

list them in the inventory. 

A proper inventory lists 

everything according to 

the court’s rules. Consult 

with your attorney. Do not 

decide that some things 

should not be listed. If you 

find something Martin owns 

after you have filed your 

inventory, you should file a 

supplemental inventory. 

Take special steps for real 

estate. If Martin owns real

estate, you must file an 

abstract with the county 

tax records office in the 

county where the property 

is located.
HELP FOR COURT-APPOINTED CONSERVATORS IN OREGON 11 

§ Make an inventory. To make careful decisions, you need to know

what Martin owns and owes. To make a proper inventory, you 

must find and list for the court all of Martin’s income and property, 

as well as any debts or legal claims against his properties 

(called liens). You must file an inventory within 90 days of your 

appointment. To avoid any risk to Martin’s money and property, 

you must make the inventory as quickly as possible.

The inventory must show the value of each item of money and 

property on the date of your appointment. Your list might include:

ú Checking and savings accounts;

ú Cash;

ú Pension, retirement, annuity, rental, public benefit, or 

other income;

ú Real estate;

ú Cars and other vehicles;

ú Insurance policies;

ú Trusts for which Martin is a beneficiary;

ú Stocks and bonds; 

ú Jewelry, furniture, and any other items of value; and

ú Unpaid credit card bills and other outstanding loans.

§ File the inventory with the court. You or your attorney will

prepare the inventory using the information you provide. 

Once you have signed the inventory, you or your attorney 

must file it with the court by the due date, and mail copies 

to Martin and other interested parties. Keep a copy of the 

inventory for your records. 

§ The court will require you to buy a surety bond. A surety bond

is a special type of insurance policy so the court can make sure 

you carry out your duties. If you fail in your duties and, as a 

result, Martin’s money is lost or stolen, the bonding company 

will pay the money back to Martin. Then the company will try 

to collect the money from you. The cost of the bond may be 

payable from Martin’s money. Ask the court staff or your lawyer 

whether you may use Martin’s money to cover this expense.

Tips for making an 

inventory (continued)

Search carefully. Look

carefully to find everything 

Martin owns. Search his mail 

and home. Look for real 

estate by talking to family 

or advisors and looking 

through land records. Track 

down letters from creditors 

to find unpaid debts. 

Take valuable items to an 

appraiser.

Verify if necessary. It

is a good idea to have 

someone else check the list, 

especially if family might 

argue over Martin’s money 

and property.
12 MANAGING SOMEONE ELSE’S MONEY 

If you have had a bankruptcy, are unemployed, or have little money and 

property of your own, you will not likely be able to get a bond. It is a good idea 

to get approval for a surety bond before you ask to be appointed as conservator. 

Once you are appointed and the court has ordered the amount of the bond, you 

have 30 days to file the bond with the court. 

Sometimes, instead of requiring a bond, the court will limit the amount of money 

or property you can take out of Martin’s account. This is called a restricted 

account. Once certain money or property is restricted, you have 30 days to 

file with the court proof that the restriction is in place. For a bank account, an 

authorized bank representative must sign an Acknowledgment of Restricted 

Account. For real estate, an abstract must be recorded with the county recorder. 

Ask your attorney or the court for help in completing the Acknowledgment and 

abstract. If you need to spend funds from the restricted account or sell the real 

estate, you must first get court approval.

§ Protect Martin’s property. Keep his money and property safe. Have Martin’s 

income and bills sent to you. Put his valuable items in safe deposit boxes and 

lock other items he is not using in storage. Keep Martin’s cash in bank accounts 

that earn interest if possible and that have low or no fees. Review bank and other 

financial statements promptly. If Martin will not be living in his home, consider 

changing the locks. Figure out if the house should be rented, or how to keep 

it safe if it is vacant. If Martin rented an apartment and will be moving, tell the 

landlord, remove his things, and have the apartment cleaned.

§ Make a financial plan. Make a budget as if you were making one for your own 

household. List how much you expect to pay for nursing home, assisted living 

or home care, rent, food, medical care, and home maintenance or repair. Be 

sure to include a monthly amount for Martin to use as he pleases. Think about 

any special expenses that may arise, such as dental work or any medical care or 

equipment that Medicare, Medicaid, or other health insurance will not cover. Try 

to stick to your budget. If something very costly occurs, you may need the court 

to approve the expense.

§ Invest carefully. If you are making investments for Martin, talk to a financial

professional. The Securities and Exchange Commission (SEC) provides tips on 

choosing a financial professional at www.sec.gov/investor/alerts/ib_top_tips.pdf. 

Discuss your choices and goals for investing based on Martin’s needs and values.

§ Pay bills and taxes on time.

§ Cancel any insurance policies that Martin does not need.

§ Collect debts. Find out if anyone owes Martin money, and try to collect it
HELP FOR COURT-APPOINTED CONSERVATORS IN OREGON 13 

§ There’s no place like home. Martin may want to continue to live in the home he 

owns or rents, or he may be moving to a new place. Take these steps:

ú Determine if living in his home is safe, and if Martin can manage in 

the house. If needed, put in guard rails, grab bars, smoke detectors, 

extra lighting, and other things to help him stay at home. Tax credits or 

deductions might be available if you modify the home. 

ú Work with others, including any other decision-makers (such as an agent 

under a power of attorney for health care or a guardian). Sometimes a 

geriatric care manager can help you find resources about modifying 

Martin’s home or getting services in his home. You can pay a geriatric 

care manager to do this with Martin’s money. 

ú If it is not safe to live at home even with changes—or if Martin wants to 

move—consider other places that meet Martin’s needs. Try to keep him 

connected to people and things important to him. Choices might be 

living with someone else, or living in a retirement community, a senior 

apartment, group home, assisted living, or nursing home. You may need 

court approval for a move. 

ú Consider whether you need to sell Martin’s home. Oregon law requires 

that you get court approval before selling Martin’s home. When it comes 

to any real estate, it is good practice to get court approval before you sell, 

mortgage, or lease it.

Can Martin get any benefits? 

Find out if Martin is eligible for any financial or health care benefits from 

an employer or a government. These benefits might include pensions, 

disability, Social Security, Medicare, Medicaid, Veterans benefits, housing 

assistance, or food stamps (now known as Supplemental Nutrition 

Assistance Program or SNAP). Use the National Council on Aging benefits 

check-up at www.BenefitsCheckUp.org.

Help him apply for those benefits. The Aging and Disability Resource 

Connection where Martin lives can help you find information. Find the local 

Aging and Disability Resource Connection at www.ADRCofOregon.org. 

Medicaid is complicated

Get legal advice and be very careful about decisions that may affect 

Martin’s eligibility for Medicaid. The Medicaid program provides medical 

assistance and long-term care to low-income people. For information, 

visit: www.oregon.gov/dhs/spwpd/Pages/hlth_med/healthmed.aspx.
14 MANAGING SOMEONE ELSE’S MONEY 

Duty 3 | Keep Martin’s money and property separate

Never mix Martin’s money or property with your own or someone else’s. Mixing 

money or property makes it unclear who owns what. Confused records can get you 

in trouble with the court. 

Follow these guidelines: 

§ Separate means separate. Never deposit Martin’s money into your own or 

someone else’s bank account or investment account. 

§ Avoid joint accounts. If Martin already has money in a joint account with you or

someone else, talk with your attorney before making any change. 

§ Keep title to Martin’s money and property in his own name. This is so other 

people can see right away that the money and property is Martin’s and not 

yours. Ask the bank for a fiduciary account that shows you are the authorized 

signer on the account for Martin. 

§ Know how to sign as conservator. Sign all checks and other documents relating

to Martin’s money or property to show that you are Martin’s conservator. For 

example, you might sign: “Juan Doe, as conservator for Martin Roe.”Never just 

sign “Martin Roe.”

§ Pay Martin’s expenses from his funds, not yours. Spending your money and 

then paying yourself back makes it hard to keep good records. If you really 

need to use your money, save receipts for the expense and keep a good record 

of why, what, and when you paid yourself. Any funds you have paid back to 

yourself must be disclosed in the annual accounting. 

Duty 4 | Keep good records and report to the court

You must keep true and complete records of Martin’s money and property. 

As conservator, the court or a lawsuit can challenge you to show everything you’ve 

done with Martin’s money and property. Always be ready to share your records 

with the court. 
HELP FOR COURT-APPOINTED CONSERVATORS IN OREGON 15 

Practice good recordkeeping habits:

§ Keep a detailed list of everything that you receive or spend for Martin. Records 

should include the amount of checks written or deposited, dates, reasons, names 

of people or companies involved, and other important information.

§ Keep receipts and notes, even for small expenses. For example, write 

“$50, groceries, ABC Grocery Store, May 2” in your records soon after you 

spend the money.

§ Avoid paying in cash. Try not to pay Martin’s expenses with cash. Also, try not to 

use an ATM card to withdraw cash or write checks to “Cash.” If you need to use 

cash, be sure to keep receipts or notes.

§ Getting paid? If you are permitted by the court to charge a fee to serve as 

conservator, be sure you charge a reasonable fee. Keep detailed records as you 

go along of what work you did, how much time it took, when you did it, and why 

you did it. The court must approve your fee every year.

§ File your accountings with the court. Each year you must file with the court an

accounting of all the money you received and spent.

ú There are specific court rules about the accounting. You or your attorney 

will prepare the accounting using the records you have kept during 

the year. Under Oregon law, you must file all processed checks with 

the accounting. Be sure to ask for returned checks when you open the 

conservatorship account. Your attorney also will need monthly statements 

from all financial accounts. 

ú The accounting is due within 60 days after the anniversary of your 

appointment. The court will tell you when the accounting is due. Be sure 

to turn it in on time. If your accounting is late, the court may call you in to 

explain why. 

ú Your accounting must be clear and must “add up.” The accounting should 

show a beginning balance, income during the year, expenses during the 

year, and an ending balance. The ending balance for one year should be 

the same as the beginning balance for the next year.

ú Your court may have a specific way to write up the accounting, and these 

requirements may change over time. Talk with your attorney in advance 

about exactly what is needed. You may need an accountant to help. 
16 MANAGING SOMEONE ELSE’S MONEY 

§ File a final accounting after Martin dies. Within 60 days after Martin dies, you or 

your attorney must file a final accounting of Martin’s money and property, and 

ask for an order releasing you from your duties and from your bond.

ú Sometimes, you may need to pay final bills or make final arrangements, 

especially if no one else can do it. For example, you may need to pay 

funeral expenses and final medical bills. 

ú If Martin did not already make funeral or burial arrangements, look for any 

directions he may have left—perhaps in advance directives or remarks to 

family or friends.

ú The personal representative in the probate of Martin’s estate or a trustee 

named in a trust will handle Martin’s money and property after you turn 

them over. Hold Martin’s personal things safely until they are transferred 

to whomever is to receive them. If you are the one named to handle 

Martin’s money and property after his death, make sure you understand 

when your duties as conservator end and your new duties begin.
HELP FOR COURT-APPOINTED CONSERVATORS IN OREGON 17 

More things you should know

What if there are other fiduciaries?

Co-conservators

The court may have named someone else to act with you as Martin’s conservator, or 

it may have named someone else to act as Martin’s guardian to make health care and 

other personal decisions. 

They will be your partners in making decisions on Martin’s behalf and in helping him 

make decisions if he is able. You must work closely together. For example, if Martin 

will move to a new location or get special care, his conservator and guardian must 

make important personal and financial decisions. You must consult with one another. 

Other types of fiduciaries

Other fiduciaries may have authority to make decisions for Martin. For example, he 

may have an agent under a power of attorney, a representative payee who handles 

Social Security benefits, or a VA fiduciary who handles veterans benefits. It is 

important to work with these other fiduciaries, and keep them informed.

Government benefits require special fiduciaries

As conservator, you cannot manage Martin’s government benefits such as 

Social Security or VA benefits unless you get a separate appointment from the 

government agency as, for example, a representative payee or VA fiduciary. For 

more information, contact the government agency.
18 MANAGING SOMEONE ELSE’S MONEY 

How can you avoid problems with family or friends?

Family or friends may not agree with your decisions about Martin’s money and 

property. To help reduce any friction, follow the four duties described above and 

the guidelines we’ve given you. 

§ Consider whether sharing information might help and is allowed (unless Martin has 

said you should not). Oregon law requires that anyone that has requested notice 

be given a copy of your annual accountings. Check with the court on who this 

includes. If family or friends question or don’t agree with your decisions, get advice 

from your lawyer about sharing information and finding other ways of sorting out 

problems, such as talking with a family counselor or mediator. See Where to go for 

help on page 24 of this guide.

What should you know about working with professionals?

In managing Martin’s affairs, you may need help from professionals such as 

lawyers, brokers, financial advisors, accountants, real estate agents, appraisers, 

psychologists, social workers, doctors, nurses, or care managers. You can pay 

them with Martin’s money. 

If you need help from any professionals, remember these tips: 

§ Check on the professional’s qualifications. Many professionals must be licensed 

or registered by a government agency. Check credentials with the government 

agency. Make sure the license or registration is current and the professional is in 

good standing. Check the person’s complaint history. 

§ Interview the professional thoroughly and ask questions.

§ Review contracts carefully before signing. Before hiring any professionals, get

their proposed plan of work and expected fee.

§ Make your own decisions based on facts and advice. Listen to their advice but

remember you are the decision-maker. 
HELP FOR COURT-APPOINTED CONSERVATORS IN OREGON 19 

Watch out for financial exploitation 

Family, friends, neighbors, caregivers, fiduciaries, business people, and others 

may try to take advantage of Martin. They may take his money without permission, 

neglect to repay money they owe, charge him too much for services, or just not do 

things he has paid them to do. These may be examples of financial exploitation or 

financial abuse. As Martin’s conservator, you should help protect him. You should 

know the signs of financial exploitation for five important reasons: 

1. Martin may still control some of his funds and could be exploite

2. Even if Martin does not control any of his funds, he still may be exploite

3. Martin may have been exploited already, and you may still be able to d

something about that;

4. People may try to take advantage of you as Martin’s conservator; a

5. Knowing what to look for will help you avoid doing things you should not do

protecting you from claims that you have exploited Martin.

Look for these common signs of financial exploitation

§ You think that some money or property is missing.

§ Martin says that some money or property is missing.

§ You notice sudden changes in Martin’s spending or savings. For example, he:

ú Takes out lots of money from the bank without explanation;

ú Tries to wire large amounts of money;

ú Uses the ATM a lot;

ú Is not able to pay bills that are usually paid; 

ú Buys things or services that don’t seem necessary; 

ú Puts names on bank or other accounts that you do not recognize or that 

he is unwilling or unable to explain;
20 MANAGING SOMEONE ELSE’S MONEY 

ú Does not get bank statements or bills; 

ú Makes new or unusual gifts to family or others, such as a “new best friend;”

ú Changes beneficiaries of a will, life insurance, or retirement funds; or

ú Has a caregiver, friend, or relative who suddenly begins handling his money.

§ Martin says he is afraid or seems afraid of a relative, caregiver, or friend

§ A relative, caregiver, friend, or someone else keeps Martin from having visitors 

or phone calls, or does not let him speak for himself, or seems to be 

controlling his decisions

What can you do if Martin has been exploited?

§ Call the emergency 911 number if Martin is in immediate danger. 

§ Call local adult protective services (APS). The role of APS is to 

investigate reports and to provide or arrange for services to victims. 

§ If you think that Martin has been or will be the victim of a crime, call the 

police or sheriff. 

§ Alert Martin’s bank or credit card company.

§ Call the local district attorney or the Oregon Department of Justice. 

§ Call the Office of the Long-Term Care Ombudsman or the Department 

of Justice’s Medicaid Fraud Control Unit if Martin is in a nursing home 

or assisted living. 

§ Consider talking to a lawyer about protecting Martin from more 

exploitation or getting back money or property taken from him. 

Each agency or professional has a different role, so you may need to call 

more than one. For more information, see Where to go for help on page 

24 of this guide.
HELP FOR COURT-APPOINTED CONSERVATORS IN OREGON 21 

Be on guard for consumer scams 

As Martin’s conservator, you should be alert to protect his money from consumer 

scams as well as financial exploitation. Criminals and con artists have many scams, 

and change them all the time. They often seek unsuspecting people who have 

access to money. Learn to spot consumer scams against Martin—and against you as 

his conservator. 

How can you protect Martin from scams?

Consumer scams happen on the phone; through the mail, e-mail, or the Internet; 

and they occur in person, at home, or at a business. 

Here are some tips: 

§ Put Martin’s number on the National Do Not Call Registry

Go to www.donotcall.gov or call 1-888-382-1222. 

§ Don’t share numbers or passwords for Martin’s accounts, credit cards, or 

Social Security, unless you know whom you’re dealing with and why they need 

the information. 

§ After hearing a sales pitch, take time to compare prices. Ask for information in 

writing and read it carefully. 

§ Too good to be true? Ask yourself why someone is trying so hard to give you a 

“great deal.” If it sounds too good to be true, it probably is.

§ Watch out for deals that are only “good today” and that pressure you to act 

quickly. Be suspicious if you are not given enough time to read a contract or get

legal advice before signing. Also watch out if you are told that you need to pay 

the seller quickly, for example by wiring the money or sending it by courier.

§ Never pay up front for a promised prize. Suspect a scam if you are required to 

pay fees or taxes to receive a prize or other financial windfall. 
22 MANAGING SOMEONE ELSE’S MONEY 

§ Watch for signs Martin already has been scammed. For example, does he

receive a lot of mail or e-mail for sweepstakes? Has he paid people you don’t 

know, especially in other states or countries? Has he taken a lot of money out of 

the bank while he was with someone he recently met? Does he have a hard time 

explaining how he spent that money? Is he suddenly unable to pay for food, 

medicine, or utilities?

§ Find out more about current scams in Oregon at www.doj.state.or.us/

consumer/pages/scam_alert.aspx

What can you do if Martin has been scammed?

If you suspect a scam, get help. Contact a local, state, or federal agency, 

depending on the type of scam. You may also need to talk to a lawyer. 

Local agencies to call are adult protective services, the Aging and 

Disability Resource Connection, the police or sheriff, or the Better 

Business Bureau. 

State agencies to call are the Oregon Department of Justice or the Office 

of the Long-Term Care Ombudsman. 

Call a federal agency if scammers are in other states or countries. Federal 

agencies are the Consumer Financial Protection Bureau, the FBI, the 

Federal Trade Commission, or the U.S. Postal Inspection Service. 

Each of these agencies and professionals has a different role so you may 

need to call more than one. 

For more information, see Where to go for help on page 24 of this guide.
HELP FOR COURT-APPOINTED CONSERVATORS IN OREGON 23 

SCAM TYPES DESCRIPTION

Relative in need Someone who pretends to be a family member or friend calls or 

e-mails you to say they are in trouble and need you to wire money 

right away.

Charity appeals You get a call or letter from someone asking for money for a fake 

charity—either the charity does not exist or the charity did not call or 

write to you.

Lottery or 

sweepstakes

You get a call or e-mail that you have a chance to win a lot of money 

through a foreign country’s sweepstakes or lottery. The caller will offer 

tips about how to win if you pay a fee or buy something. Or the caller 

or e-mail says you already have won and you must give your bank 

account information or pay a fee to collect your winnings.

Home 

improvement

Scammers take money for repairs and then they never return to do the 

work or they do bad work. Sometimes they break something to create 

more work or they say that things need work when they don’t.

Free lunch Scammers invite you to a free lunch and seminar, and then pressure 

you to give them information about your money, and to invest the 

money with them. They offer you “tips” or “guaranteed returns.”

Free trip Scammers say you’ve won a free trip but they ask for a credit card 

number or advance cash to hold the reservation.

Government 

money

You get a call or letter that seems to be from a government agency. 

Scammers say that if you give a credit card number or send a money 

order, you can apply for government help with housing, home repairs, 

utilities, or taxes.

Drug plans

Scammers pretend they are with Medicare prescription drug plans, 

and try to sell Medicare discount drug cards that are not valid. 

Companies with Medicare drug plans are not allowed to send 

unsolicited mail, emails, or phone calls.

Identity theft

Scammers steal personal information—such as a name, date of birth, 

Social Security number, account number, and mother’s maiden name—

and use the information to open credit cards or get a mortgage in 

someone else’s name.

Fake “official” 

mail

Scammers send letters or e-mails that look like they are from a 

legitimate bank, business, or agency to try to get your personal 

information or bank account number.

Common consumer scams
24 MANAGING SOMEONE ELSE’S MONEY 

The resources below are for Oregon. For 

information on other states, see the national 

version of this guide at www.consumerfinance.

gov/managing-someone-elses-money.

Local and state agencies

Adult Protective Services

Find the local agencies that receive and 

investigate reports of suspected elder or adult 

abuse, neglect, or exploitation by visiting the 

website of the Department of Human Services 

or by calling the statewide abuse reporting line. 

1-855-503-SAFE (1-855-503-7233)

http://www.oregon.gov/dhs/spwpd/pages/

offices.aspx

Aging and Disability Resources 

State and local agencies can provide 

information about aging and disability services 

and whether there are any support groups for 

fiduciaries or caregivers. Find these state and 

local agencies by contacting the Aging and 

Disability Resource Connection of Oregon. 

1-855-ORE-ADRC (1-855-673-2372)

www.ADRCofOregon.org

Attorney General

The office of the attorney general, called the 

Oregon Department of Justice, can take action 

against consumer fraud.

Consumer Hotline: 1-877-877-9392

www.doj.state.or.us

Better Business Bureau

The Better Business Bureau can help consumers 

with complaints against businesses. 

www.alaskaoregonwesternwashington.bbb.org

Long-Term Care Ombudsman Program 

Contact the Office of the Long-Term Care 

Ombudsman Program to find state and local 

long-term care advocates. Ombudsmen 

identify, investigate, and resolve complaints 

about long-term care. 

1-800-522-2602 (TTY users dial 711)

www.oregon.gov/LTCO

Mediators 

Find a listing of local mediators through the 

Oregon Mediation Association. Mediation can 

help resolve disputes and may sometimes be an 

alternative to legal action. 

www.omediate.org/

Medicaid/Medical Assistance 

The Medicaid program that provides low-cost 

or no-cost health care to qualified individuals 

is the Oregon Health Plan. Contact the Oregon 

Health Plan for more information.

1-800-527-5772

www.oregon.gov/OHA/healthplan

Where to go for help
HELP FOR COURT-APPOINTED CONSERVATORS IN OREGON 25 

Medicaid also covers some in-home and longterm care services. Contact the Aging and 

Disability Resource Connection of Oregon for 

more information.

1-855-ORE-ADRC (1-855-673-2372)

www.ADRCofOregon.org

Medicaid Fraud Control Unit 

The Medicaid Fraud Control Unit, in the office 

of the attorney general (called the Oregon 

Department of Justice), investigates and 

prosecutes abuse and fraud by health care 

providers.

www.doj.state.or.us/consumer/pages/

medicaid_fraud.aspx

Police or Sheriff 

Find a law enforcement agency by checking the 

local directory.

Federal agencies

Numerous federal agencies play a role in 

combating fraud and abuse and educating 

consumers. Contact them for more information.

Consumer Financial Protection Bureau

1-855-411-CFPB

www.consumerfinance.gov

Do Not Call Registry

1-888-382-1222 

www.donotcall.gov

Federal Bureau of Investigation 

www.fbi.gov/scams-safety

Federal Trade Commission

1-877-FTC-HELP (382-4357) 

www.consumer.ftc.gov

Financial Fraud Enforcement Task Force

www.stopfraud.gov

Postal Inspection Service

1-877-876-2455 

https://postalinspectors.uspis.gov/

Social Security Administration

1-800-772-1213

www.socialsecurity.gov/payee

Department of Veterans Affairs

1-888-407-0144

www.benefits.va.gov/fiduciary

For legal help

Free legal services for people over age 60

Find local programs that provide free legal help 

to people over age 60 by contacting the Aging 

and Disability Resource Connection of Oregon. 

1-855-ORE-ADRC (1-855-673-2372)

www.ADRCofOregon.org

Free legal services for low-income people

Find local programs that provide free legal help 

to low-income people.

www.OregonLawHelp.org
26 MANAGING SOMEONE ELSE’S MONEY 

Free legal services for people with 

disabilities

The Oregon program that provides free legal 

help for people with disabilities is Disability 

Rights Oregon.

1-800-452-1694

TTY users, dial 711

www.disabilityrightsoregon.org

Fee-for-service lawyers

This is a web page sponsored by the American 

Bar Association. It provides information about 

how to find a lawyer in each state. It also has 

information about legal resources available in 

each state, how to check whether a lawyer is 

licensed, and what to do if you have problems 

with a lawyer.

www.findlegalhelp.org

The Oregon State Bar also provides information 

about how to find a lawyer through the state 

lawyer referral service or the state Modest 

Means Program to help moderate-income 

Oregonians. For information, contact:

1-503-684-3763 

or toll-free in Oregon 1-800-452-7636

www.osbar.org/public/ris



January 2016

 consumerfinance.gov

 Consumer Financial Protection Bureau

1700 G Street NW

Washington, DC 20552

 Toll free: (855) 411-CFPB (2372) 

TTY/TDD : (855) 729-CFPB (2372)

 info@consumerfinance.gov