justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 126 — Property

ORS 126.826. Irrevocable transfer by person holding property of or owing liquidated debt to minor. (1) Subject to subsections (2) and (3) of this section, a person not subject to ORS 126.819 or 126.822 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to ORS 126.832. (2) If a person having the right to do so under ORS 126.812 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person. (3) If no custodian has been nominated under ORS 126.812 or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minors family or to a trust company unless the property exceeds $5,000 in value.
ORS Chapter 126 — Property

ORS 126.829. Written acknowledgment of delivery as receipt. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to ORS
ORS Chapter 126 — Property

ORS 126.836. Limitations on custodianship; age requirement for transfers. (1) A transfer may be made only for one beneficiary and only one person may be the custodian. All custodial property held under ORS 126.805 to 126.886 by the same custodian for the benefit of the same beneficiary constitutes a single custodianship. (2) A transfer may be made for the benefit of a beneficiary under ORS 126.805 to
ORS Chapter 126 — Property

ORS 126.839. Validity of transfer. (1) The validity of a transfer made in a manner prescribed in ORS 126.805 to
ORS Chapter 126 — Property

ORS 126.842. Duties of custodian; standard of care. (1) A custodian shall: (a) Take control of custodial property; (b) Register or record title to custodial property if appropriate; and (c) Collect, hold, manage, invest and reinvest custodial property. (2) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent investor dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodians discretion and without liability to the beneficiary or the beneficiarys estate, may retain any custodial property received from a transferor. (3) A custodian may invest in or pay premiums on life insurance or endowment policies on: (a) The life of the beneficiary only if the beneficiary or the beneficiarys estate is the sole beneficiary; or (b) The life of another person in whom the beneficiary has an insurable interest only to the extent that the beneficiary, the beneficiarys estate or the custodian in the capacity of custodian, is the irrevocable beneficiary. (4) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the beneficiary. Custodial property consisting of an undivided interest is so identified if the beneficiarys interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: As a custodian for _____ (name of beneficiary) under the Oregon Uniform Transfers to Minors Act. (5) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the beneficiarys tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the beneficiary or by the beneficiary if the beneficiary has attained 14 years of age.
ORS Chapter 126 — Property

ORS 126.846. Rights, powers and authority of custodian. (1) A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers and authority in that capacity only. (2) This section does not relieve a custodian from liability for breach of ORS
ORS Chapter 126 — Property

ORS 126.849. Payments to and expenditures for beneficiary; effect on duty to support beneficiary. (1) A custodian may deliver or pay to the beneficiary or expend for the beneficiarys benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the beneficiary, without court order and without regard to: (a) The duty or ability of the custodian personally or of any other person to support the beneficiary; or (b) Any other income or property of the beneficiary that may be applicable or available for that purpose. (2) On petition of an interested person or the beneficiary if the beneficiary has attained 14 years of age, the court may order the custodian to deliver or pay to the beneficiary or expend for the beneficiarys benefit so much of the custodial property as the court considers advisable for the use and benefit of the beneficiary. (3) A delivery, payment or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the beneficiary.
ORS Chapter 126 — Property

ORS 126.852. Reimbursement to custodian for reasonable expenses; compensation; bond. (1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodians duties. (2) Except for one who is a transferor under ORS 126.816, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year. (3) Except as provided in ORS 126.862 (6), a custodian need not give a bond.
ORS Chapter 126 — Property

ORS 126.857. Third persons duties in dealing with custodian. A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: (1) The validity of the purported custodians designation; (2) The propriety of, or the authority under ORS 126.805 to 126.886 for, any act of the purported custodian; (3) The validity or propriety under ORS 126.805 to 126.886 of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or (4) The propriety of the application of any property of the beneficiary delivered to the purported custodian.
ORS Chapter 126 — Property

ORS 126.859. Claims against custodial property; liability of custodian and beneficiary. (1) A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of custodial property or a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the beneficiary is personally liable therefor. (2) A custodian is not personally liable: (a) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or (b) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault. (3) A beneficiary is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the beneficiary is personally at fault.
ORS Chapter 126 — Property

ORS 126.866. Petition for accounting by custodian, determination of responsibility. (1) A beneficiary who has attained 14 years of age, the beneficiarys guardian or legal representative, an adult member of the beneficiarys family, a transferor or a transferors legal representative may petition the court: (a) For an accounting by the custodian or the custodians legal representative; or (b) For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under ORS 126.859 to which the beneficiary or the beneficiarys legal representative was a party. (2) A successor custodian may petition the court for an accounting by the predecessor custodian. (3) The court, in a proceeding under ORS 126.805 to 126.886 or in any other proceeding, may require or permit the custodian or the custodians legal representative to account. (4) If a custodian is removed under ORS 126.862 (6), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
ORS Chapter 126 — Property

ORS 126.869. Time of transfer of custodial property to beneficiary or beneficiarys estate. Except as provided in ORS 126.872, the custodian shall transfer in an appropriate manner the custodial property to the beneficiary or to the beneficiarys estate upon the earlier of: (1) The beneficiarys attainment of 21 years of age with respect to custodial property transferred under ORS 126.816 or 126.819; (2) The beneficiarys attainment of 18 years of age with respect to custodial property transferred under ORS 126.822 or 126.826; or (3) The beneficiarys death.
ORS Chapter 126 — Property

ORS 126.872. Delayed transfer of custodial property to beneficiary. (1) Except as provided in this section, a person making a transfer to a custodian under ORS
ORS Chapter 126 — Property

ORS 126.875. Accounting by custodian. The custodian is not required to account to the beneficiary or to any other person for the acts and proceedings of the custodian unless the beneficiary, a parent of the beneficiary, the legal representative of the beneficiary or a successor custodian petitions the circuit court for an accounting no later than two years after the beneficiary becomes an adult or attains a lesser age as provided in ORS 126.805 to 126.886 or dies before becoming an adult or attaining that lesser age.
ORS Chapter 126 — Property

ORS 126.877. Applicability of ORS 126.805 to 126.886 to transfers made after January 1, 1986. ORS 126.805 to 126.886 apply to a transfer within the scope of ORS 126.809 made after January 1, 1986, if: (1) The transfer purports to have been made under the Oregon Uniform Gifts to Minors Act; or (2) The instrument by which the transfer purports to have been made uses in substance the designation as custodian under the Uniform Gifts to Minors Act or as custodian under the Uniform Transfers to Minors Act of any other state, and the application of ORS 126.805 to 126.886 is necessary to validate the transfer.
ORS Chapter 126 — Property

ORS 126.879. Validation of transfer made before January 1, 1986. (1) Any transfer of custodial property made before January 1, 1986, is validated notwithstanding that there was no specific authority in ORS 126.805 to 126.886 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 to 126.886 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 and 126.869 with respect to the age of a minor for whom custodial property is held under ORS 126.805 to 126.886 do not apply to custodial property held in a custodianship that terminated because of the minors attainment of 18 years of age after October 4, 1973, and before January 1, 1986.
ORS Chapter 126 — Property

ORS 126.882. Application and construction of ORS 126.805 to 126.886. ORS 126.805 to
ORS Chapter 126 — Property

ORS 126.886. (a) Failure of the transferor to comply with ORS 126.832 (4) concerning possession and control; (b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under ORS 126.832 (1); or (c) Death or incapacity of a person nominated under ORS 126.812 or designated under ORS 126.832 as custodian or the disclaimer of the office by that person. (2) A transfer made pursuant to ORS 126.832 is irrevocable, and the custodial property is indefeasibly vested in the beneficiary, but the custodian has all the rights, powers, duties and authority provided in ORS 126.805 to 126.886 and neither the beneficiary nor the beneficiarys legal representative has any right, power, duty or authority with respect to the custodial property except as provided in ORS 126.805 to 126.886. (3) By making a transfer, the transferor incorporates in the disposition all the provisions of ORS 126.805 to 126.886 and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in ORS 126.805 to 126.886.
ORS Chapter 126 — Property

ORS 126.965. [1969 c.627 8; 1973 c.823 121; 1991 c.790 10; renumbered 125.730 in 1995] _______________
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.002. Definitions for ORS 127.005 to 127.045. For the purposes of ORS 127.005 to
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.005. When power of attorney in effect; accounting to conservator. (1) When a principal designates another person as an agent by a power of attorney in writing, and the power of attorney does not contain words that otherwise delay or limit the period of time of its effectiveness: (a) The power of attorney becomes effective when executed and remains in effect until the power is revoked by the principal or by the terms of the power of attorney, or until the authority of all agents under the power of attorney is terminated as provided in ORS 127.015; (b) The powers of the agent are unaffected by the passage of time; and (c) The powers of the agent are exercisable by the agent on behalf of the principal even though the principal becomes financially incapable. (2) The terms of a power of attorney may provide that the power of attorney will become effective at a specified future time, or will become effective upon the occurrence of a specified future event or contingency such as the principal becoming financially incapable. If a power of attorney becomes effective upon the occurrence of a specified future event or contingency, the power of attorney may designate a person or persons to determine whether the specified event or contingency has occurred, and the manner in which the determination must be made. A person designated by a power of attorney to determine whether the principal is financially incapable is the principals personal representative for the purposes of ORS 192.553 to 192.581 and the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164. (3) If a power of attorney becomes effective upon the principal becoming financially incapable and either the power of attorney does not designate a person or persons to make the determination as to whether the principal is financially incapable or none of the designated persons is willing or able to make the determination, a determination that the principal is financially incapable may be made by any physician. The physicians determination must be made in writing. (4) All acts done by an agent under a power of attorney during a period in which the principal is financially incapable have the same effect, and inure to the benefit of and bind the principal, as though the principal were not financially incapable. (5) If a conservator is appointed for a principal, the agent shall account to the conservator, rather than to the principal, for so long as the conservatorship lasts. The conservator has the same power that the principal would have to revoke, suspend or terminate all or any part of the power of attorney. (6) This section does not apply to ORS 127.505 to 127.660.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.010. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.015. Revocation of power of attorney; termination of agents authority not effective until death or other event known. (1) The authority of an agent under a power of attorney terminates upon the occurrence of any of the following: (a) The principal dies. (b) The principal or the court revokes the power of attorney. (c) The agent dies, becomes financially incapable or incapacitated or resigns. (d) The power of attorney by its terms provides that the power of attorney terminates. (e) An action is filed for the dissolution or annulment of the principals marriage or registered domestic partnership to the agent, or for the separation of the principal and agent, unless otherwise provided by terms of the power of attorney, agreement of the parties or order of the court. (2) A court may order that a power of attorney is revoked upon appointment by the court of a conservator for the principal. (3) The death of a principal who has executed a power of attorney in writing, or the occurrence of any other event that would otherwise terminate the authority of the agent, does not revoke or terminate the authority of an agent who, without actual knowledge of the death of the principal or other event, acts in good faith under the power of attorney. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and heirs, devisees and personal representatives of the principal. (4) An affidavit executed by an agent that states that the agent did not have, at the time of doing an act under the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death or other event, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument that is recordable, the affidavit may also be recorded. (5) This section does not alter or affect any provision for revocation or termination contained in the power of attorney.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.020. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.025. Authority under power of attorney recognizable regardless of date of execution. A person may not refuse to recognize the authority of an agent under a power of attorney based solely on the passage of time since the power of attorney was executed.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.030. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.035. Limitations on liability of person reasonably relying on power of attorney. Any person who reasonably relies in good faith on the authority of an agent under a power of attorney is not liable to any other person based on that reliance, and is not required to ensure that assets of the principal that are paid or delivered to the agent are properly applied. Any person who has not received actual notice of revocation of a power of attorney is not liable to any other person by reason of relying on a power of attorney that has been revoked.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.040. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.045. Duty of agent under power of attorney. Unless otherwise provided in the power of attorney document, an agent must use the property of the principal for the benefit of the principal.
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.050. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.060. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.070. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.080. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.090. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.100. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.110. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.120. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.130. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.140. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.150. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.160. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.170. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.180. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.190. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.310. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.320. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.330. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.340. [Repealed by 1969 c.591 305]
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.350. [Repealed by 1969 c.591 305] ADVANCE DIRECTIVES FOR HEALTH CARE (Definitions)
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.505. Definitions for ORS 127.505 to 127.660. As used in ORS 127.505 to 127.660 and
ORS Chapter 127 — Powers of Attorney; Advance

ORS 127.507. Capable adults may make own health care decisions. Capable adults may make their own health care decisions. [1993 c.767 2] (Formalities of Executing Advance Directive)