reglab/housing_qa huggingface dataset:
OR Rev Stat § 125.500 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.500 - Enforcement of claim against estate or protected person.

(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]
OR Rev Stat § 125.505 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.505 - Notice of claim to conservator.

If a proceeding is pending against a protected person at the time of appointment of a conservator or is commenced against the protected person after appointment of a conservator, the plaintiff must give notice of the proceeding to the conservator or the attorney of the conservator if any judgment or order arising out of the proceeding will constitute a claim against the estate. [1995 c.664 §55]
OR Rev Stat § 125.510 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.510 - Procedure where claim disallowed.

(1) If the conservator disallows a claim in whole or in part, or if the conservator does not allow or disallow a claim within 60 days after it is presented, the claimant may: (a) File in the conservatorship proceeding a request for a summary determination of the claim by the court, with proof of service of a copy upon the conservator or the attorney of the conservator; or (b) Commence a separate action against the conservator on the claim in a court of competent jurisdiction. The action shall proceed and be tried as any other action. (2) If the claimant requests a summary hearing, the conservator may, within 30 days after service of the request, notify the claimant in writing that if the claimant desires to prove the claim the claimant must commence a separate action against the conservator within 60 days after service of the notice. If the claimant fails to commence an action against the conservator within that time, the claim is barred. (3) An order allowing or disallowing in whole or in part a claim that has been considered upon a summary hearing may not be appealed. [1995 c.664 §56]
OR Rev Stat § 125.515 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.515 - Effect of presentation of claim on statute of limitations.

(1) The following periods of time shall not be part of the time limited for the commencement of an action under any statute of limitation: (a) The period of time beginning at the presentation of a claim and ending 30 days after the claim is disallowed. (b) If the claim is not allowed or disallowed within 60 days after it is presented, the period of time beginning with the presentation of the claim and ending 90 days after the claim is presented. (2) For the purpose of any statute of limitation, an action is considered commenced upon the filing of a request for a summary determination of a claim that has been disallowed in whole or in part. [1995 c.664 §57]
OR Rev Stat § 125.520 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.520 - Order of payment of expenses and claims.

If it is likely that the estate of the protected person will be exhausted before all claims against the estate are paid, the conservator shall give preference in the payment of claims in the following order of priority: (1) Funds needed for the current care, maintenance and support of the protected person and the dependents of the protected person and claims for the expenses of administration. (2) Expenses and claims for the care, maintenance and support of the protected person and the dependents of the protected person that are not paid under subsection (1) of this section. (3) Debts and taxes with preference under federal law. (4) Taxes with preference under the laws of this state that are due and payable while possession of the estate of the protected person is retained by the conservator. (5) All other claims against the conservatorship estate. [1995 c.664 §58; 1997 c.717 §7]
OR Rev Stat § 125.525 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.525 - Termination of conservatorship.

An order terminating the conservatorship of a living person shall direct the conservator to deliver the assets in the possession of the conservator to the protected person: (1) Immediately, to the extent that the assets are not required for payment of expenses of administration and debts incurred by the conservator for the account of the estate of the protected person; and (2) Upon entry of an order approving the final accounting or surcharging the conservator, to the extent of any balance remaining. [1995 c.664 §59; 2017 c.169 §59]
OR Rev Stat § 125.530 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.530 - Powers and duties of conservator on death of protected person.

If a protected person dies and the conservator has possession of a will of the protected person, the conservator shall either deliver the will to the personal representative named in the will or deliver the will to the court for safekeeping. If the conservator delivers the will to the court for safekeeping, the conservator must inform any personal representative named in the will that the conservator has made that delivery. If it is not possible to inform the named personal representative, the conservator shall inform the beneficiaries named in the will of the delivery. The conservator shall retain and administer the estate for delivery to the personal representative of the decedent or other persons entitled to the estate. [1995 c.664 §60; 1997 c.717 §8]
OR Rev Stat § 125.535 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.535 - Disposition of small estate.

If at any time the estate of a protected person consists of personal property having a value not exceeding by more than $10,000 the aggregate amount of unpaid expenses of administration of the protected estate and claims against the estate, the conservator, with prior accounting and approval of the court by order, may pay the expenses and claims from the estate and deliver all the remaining personal property to the person designated by the court in the order, to be held, invested or used as ordered by the court. The recipient of the property shall give a receipt to the conservator. The receipt is a release of and acquittance to the conservator as to the property delivered. The conservator shall file in the protective proceeding proper receipts or other evidence satisfactory to the court showing the delivery. Upon the court receiving the evidence, the court shall enter an order terminating the protective proceeding. [1995 c.664 §61]
OR Rev Stat § 125.540 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.540 - Payment of debt and delivery of property to foreign conservator.

(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]
OR Rev Stat § 125.600 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.600 - In general.

(1) A temporary fiduciary who will exercise the powers of a guardian may be appointed by the court if the court makes a specific finding by clear and convincing evidence that the respondent is incapacitated or a minor, that there is an immediate and serious danger to the life or health of the respondent, and that the welfare of the respondent requires immediate action. (2) A temporary fiduciary who will exercise the powers of a conservator may be appointed by the court if the court makes a specific finding by clear and convincing evidence that the respondent is financially incapable or a minor, that there is an immediate and serious danger to the estate of the respondent, and that the welfare of the respondent requires immediate action. (3) A temporary fiduciary may be appointed only for a specific purpose and only for a specific period of time. The period of time may not exceed 30 days. The court may extend the period of the temporary fiduciary’s authority for an additional period not to exceed 30 days upon motion and good cause shown. The court may terminate the authority of a temporary fiduciary at any time. (4) Except as otherwise provided in this section and ORS 125.605 and 125.610, a temporary fiduciary is subject to all provisions of this chapter. [1995 c.664 §63]
OR Rev Stat § 125.605 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.605 - Procedure for appointment of temporary fiduciary.

(1) In addition to the requirements of ORS 125.055, a petition for the appointment of a temporary fiduciary must contain allegations of the conditions required under ORS 125.600. (2) Notice of a petition for the appointment of a temporary fiduciary must be given to the persons specified in ORS 125.060 (2) in the manner provided by ORS 125.065 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 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 (3) must be given to the persons specified in ORS 125.060 (2) in the manner provided by ORS 125.065 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 (3), the court shall hear the objections within two judicial days after the date on which the objections are filed. Notwithstanding ORS 21.170, 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 (3). [1995 c.664 §64; 1997 c.717 §9; 2011 c.595 §130]
OR Rev Stat § 125.610 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.610 - Report of temporary fiduciary.

(1) A temporary fiduciary shall file a report with the court setting out all activities of the temporary fiduciary under the authority of the appointment. Except as provided in subsection (2) of this section, the report must be filed: (a) When the temporary fiduciary completes the duties of the fiduciary; (b) When the temporary appointment expires; or (c) When the court orders the termination of the temporary fiduciary’s authority. (2) If the person appointed as temporary fiduciary is appointed to act as a permanent fiduciary for the protected person, the report of the activities of the temporary fiduciary may be included in the first annual report of the guardian or in the first accounting of the conservator. [1995 c.664 §65]
OR Rev Stat § 125.650 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.650 - Other protective orders.

(1) The court may enter protective orders without the appointment of a fiduciary or in addition to appointment of a fiduciary. A petition for a protective order that does not seek the appointment of a fiduciary is subject to all requirements prescribed for petitions for appointment of a fiduciary. A court may enter a protective order other than appointment of a fiduciary only upon a determination that grounds exist for the appointment of a fiduciary. (2) In issuing protective orders under this section, the court may exercise any power that could be exercised by a guardian or conservator in a protective proceeding, or any power that could be exercised by the court in a protective proceeding in which a fiduciary is appointed. (3) Before entering a protective order under this section, the court shall consider the interests of creditors and dependents of the protected person and whether the protected person needs the continuing protection of a fiduciary. (4) The court may appoint a fiduciary whose authority is limited to a specified time and whose power is limited to certain acts needed to implement the protective order. A fiduciary appointed under this subsection need only make such report to the court as the court may require. (5) In addition to any other protective order that may be entered under this section, the court may authorize, direct or ratify: (a) Any transaction necessary or desirable to achieve any security, service or care arrangement meeting the foreseeable needs of the protected person, including but not limited to payment, delivery, deposit or retention of funds or property, sale, mortgage, lease or other transfer of property, entry into an annuity contract, a contract for life care, a deposit contract, a contract for training and education, or addition to or establishment of a suitable trust. (b) Any contract, trust or other transaction relating to the protected person’s financial affairs or involving the estate of the person if the court determines that the transaction is in the best interests of the protected person. [1995 c.664 §66]
OR Rev Stat § 125.675 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.675 - Definitions.

For purposes of ORS 125.675 to 125.691: (1) "Client" means a person who receives public guardian and conservator services from the Oregon Public Guardian and Conservator. (2) "Deputy public guardian and conservator" means a person who is employed by or under contract with the Oregon Public Guardian and Conservator, who is certified by the Oregon Public Guardian and Conservator and who provides services as a fiduciary under ORS 125.675 to 125.691. (3) "Public guardian and conservator services" means services, including but not limited to information, assistance and services as a court-appointed fiduciary in guardianship or conservatorship proceedings that are provided by deputy public guardians and conservators, volunteers and staff under the supervision and control of the Oregon Public Guardian and Conservator. [2014 c.117 §2; 2017 c.310 §12]
OR Rev Stat § 125.680 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.680 - Duties of Oregon Public Guardian and Conservator.

The Oregon Public Guardian and Conservator shall: (1) Educate the public about the role and function of the Oregon Public Guardian and Conservator and about public guardian and conservator services. (2) Provide public guardian and conservator services for persons who do not have relatives or friends willing or able to assume the duties of guardianship or conservatorship and who lack the financial resources to obtain a private guardian or conservator. (3) Certify deputy public guardians and conservators. (4) Develop model standards of eligibility and professional conduct for deputy public guardians and conservators and of practice and procedure in public guardianship and conservatorship proceedings. (5) Develop and implement training and educational materials for deputy public guardians and conservators. (6) Establish and operate a program to recruit, train and supervise volunteers to provide assistance to the Oregon Public Guardian and Conservator, deputy public guardians and conservators and clients. (7) Establish a process, including criteria and standards, to determine the eligibility of persons to receive public guardian and conservator services and for the needs assessment required under ORS 125.683. (8) Cooperate with offices of county public guardian and conservator operating under ORS 125.700. (9) Work with existing local and county programs and with other organizations and entities to develop and expand public guardian and conservator services in this state. (10) Make recommendations to the Legislative Assembly for policy and legislation regarding implementation, improvement and expansion of public guardian and conservator services in this state. [2014 c.117 §4]
OR Rev Stat § 125.681 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.681 - Authority to require fingerprints of employees, volunteers or contractors.

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Public Guardian and Conservator may require the fingerprints of an employee of the Oregon Public Guardian and Conservator, an applicant for employment with the Oregon Public Guardian and Conservator or a volunteer or party under contract with the Oregon Public Guardian and Conservator. [2017 c.310 §6]
OR Rev Stat § 125.685 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.685 - Deputy public guardian and conservator; volunteer requirements and responsibilities.

(1) A deputy public guardian and conservator providing public guardian and conservator services under ORS 125.675 to 125.691 must be certified as a deputy public guardian and conservator by the Oregon Public Guardian and Conservator. (2) A volunteer of the Oregon Public Guardian and Conservator must provide, in writing, the volunteer’s criminal history and must submit or consent to a criminal records check, including fingerprint identification. (3) Volunteers: (a) May not conduct the needs assessments required under ORS 125.683; (b) May not engage in conduct that constitutes the unlicensed practice of law; (c) Shall be under the supervision and control of the Oregon Public Guardian and Conservator or of a deputy public guardian and conservator; (d) Shall be instructed in confidentiality and shall maintain the confidentiality of clients and of written information and materials relating to clients; (e) May not receive compensation or any other benefit but may be reimbursed for reasonable travel and other expenses incurred in the performance of their duties on behalf of the Oregon Public Guardian and Conservator; and (f) Except for intentional misconduct or conduct that is grossly negligent, are immune from civil liability for any acts or omissions occurring, or errors in judgment made in good faith, in the course of providing authorized public guardian and conservator services. [2014 c.117 §6; 2017 c.310 §3]
OR Rev Stat § 125.687 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.687 - Limitations of court on appointment of Oregon Public Guardian and Conservator; bond; fees and compensation.

(1) A court may not appoint the Oregon Public Guardian and Conservator as a fiduciary for a person unless the Oregon Public Guardian and Conservator has petitioned for or consented to the appointment. If appointed as a fiduciary by the court, the Oregon Public Guardian and Conservator, and any deputy public guardian and conservator designated to act on behalf of the Oregon Public Guardian and Conservator, shall serve as provided in this chapter and ORS 127.005 and 127.015, except as expressly stated otherwise in ORS 125.675 to 125.691 or by order of the court. (2) The Oregon Public Guardian and Conservator shall file an official bond in an amount determined in consultation with the Oregon Department of Administrative Services. The bond shall inure to the joint benefit of the several public guardianship and conservatorship estates in which the Oregon Public Guardian and Conservator is providing services, but a bond is not required to be filed in individual estates. (3) The court may not charge the Oregon Public Guardian and Conservator a fee for the filing of a petition or any other pleading under this chapter when the filing is made in connection with the provision of public guardian and conservator services under ORS 125.675 to 125.691. (4)(a) The court shall order the client or the client’s estate to pay for reasonable expenses incurred, including compensation for services rendered, in the provision of public guardian and conservator services to the client, including but not limited to court costs and attorney fees. (b) If a client is indigent, the Oregon Public Guardian and Conservator shall have a claim against the client or the client’s estate for the portion of any payment ordered under paragraph (a) of this subsection that remains unpaid. (5) The court may not order the Oregon Public Guardian and Conservator, a deputy public guardian and conservator or the office of the Long Term Care Ombudsman to pay court costs or attorney fees in a proceeding brought on behalf of a client under ORS 125.675 to 125.691. [2014 c.117 §7; 2017 c.310 §4]