reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.470 - Filing of inventory required; supplemental inventory.

(1) Within 90 days after the date of appointment, unless a longer time is granted by the court, a conservator must file in the protective proceeding an inventory of all the property of the estate of the protected person that has come into the possession or knowledge of the conservator. The inventory must show the estimates by the conservator of the respective true cash values as of the date of the protective order. If the protected person has attained 14 years of age, a copy of the inventory must be served on the protected person personally or by mail.
(2) Whenever any property of the estate of the protected person not included in the inventory or any subsequent accounting and not derived from any asset included in a prior inventory or any subsequent accounting comes into the possession or knowledge of the conservator, the conservator must file a supplemental inventory in the protective proceeding. The supplemental inventory must be filed within 30 days after the date of receiving possession or knowledge of the property.
(3) If the estate of the protected person includes real property, the conservator must record in the deed records of the clerk of the county in which the real property is situated a certified copy of the inventory required by this section or an abstract in substantially the following form:
______________________________________________________________________________
The protected person’s name is ______
___________________________
Conservatorship Case # ____________
County where proceedings are pending ______________________
Conservator is ____________
Conservator’s address is ____________
Attorney’s name is ____________
Attorney’s address is ____________
The following real property is subject to proceedings: ________
Signature ______________________
Dated ______________________
STATE OF OREGON )
) ss.
County of ________ )
The foregoing instrument was acknowledged before me this ___ day of ______, 2___, by ____________.
______________________
Notary Public for Oregon
My commission expires: ____________
______________________________________________________________________________ [1995 c.664 §48]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.480 - Approval of accounting.

Subject to appeal or vacation within the time allowed by law, an order, made upon notice and hearing, allowing an intermediate accounting of a conservator, is final as to the liabilities of the conservator concerning the matters considered in connection with the intermediate accounting. An order, made upon notice and hearing, allowing a final accounting is final as to all previously unsettled liabilities of the conservator to the protected person or successors relating to the conservatorship. [1995 c.664 §50]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.485 - Liability of conservator.

(1) A conservator is not personally liable on a contract entered into in the fiduciary capacity of the conservator in the course of administering the estate unless:
(a) The contract specifically makes the conservator liable in a personal capacity; or
(b) The conservator fails to reveal the representative capacity of the conservator and identity of the estate in the contract.
(2) The conservator is personally liable for obligations arising from ownership, obligations arising out of control of property of the estate and torts committed in the course of administration of the estate only if the conservator is personally at fault.
(3) Claims based on contracts entered into by a conservator in the fiduciary capacity of the conservator, on obligations arising from ownership or control of the estate or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the fiduciary capacity of the conservator, whether or not the conservator is personally liable.
(4) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting or for indemnification, or in any other appropriate proceeding or action. [1995 c.664 §51]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.490 - Status of persons dealing with conservator.

(1) A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring a court order under the provisions of this chapter is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not require the person to inquire into existence of a power or the propriety of its exercise, except that restrictions on powers of conservators that are indorsed on letters are effective as to third persons. A person is not required to see to the proper application of estate assets paid or delivered to a conservator.
(2) The protection provided under subsection (1) of this section:
(a) Is not affected by any procedural irregularity or jurisdictional defect in the proceedings that resulted in the issuance of letters; and
(b) Is in addition to the protection provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
(3) A person who holds property in which the protected person has an interest, or who is indebted either to the protected person or to the protected person and others, may enter into transactions with the conservator with respect to the property or debt to the same extent that the person could deal with the protected person if the protected person were not under protection. [1995 c.664 §52]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.495 - Payment of claims against estate or protected person.

(1) A conservator shall pay from the estate claims against the estate and against the protected person arising before or after the conservatorship upon their presentation, allowance and maturity. Claims that become absolute at an uncertain event may not be allowed. The conservator may allow claims against the estate of a protected person in part and disallow them in part.
(2) A claim may be presented by either of the following methods:
(a) The claimant may deliver or mail to the conservator or the attorney for the conservator a written statement of the claim stating the basis of the claim, the name and address of the claimant and of the claimant’s attorney if the claimant is represented by an attorney in respect to the claim, and the amount claimed.
(b) The claimant may file the claim with the clerk of the court in which the proceeding is pending, captioned in a manner that will identify the protected person and the clerk’s number of the proceeding, and deliver or mail a copy of the statement to the conservator or the attorney of the conservator.
(3) If the conservator disallows the claim in whole or in part, or if the conservator finds that the claim is valid but not due, the conservator shall notify the claimant or the attorney of the claimant in writing of the disallowance or finding of the conservator.
(4) The presentation of a claim and any defect in form or substance may be waived by the conservator or by the court if the claim, properly stated, is a valid and absolute obligation of the estate.
(5) The conservator may reconsider any claim previously rejected or allowed, or may compromise any claim against the estate of a protected person, including contingent, unliquidated and unmatured claims. [1995 c.664 §53]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.650 - Other protective orders; filing fee.

(1) The court may enter protective orders without the appointment of a fiduciary or in addition to appointment of a fiduciary. A petition for a protective order that does not seek the appointment of a fiduciary is subject to all requirements prescribed for petitions for appointment of a fiduciary. A single filing fee shall be collected pursuant to ORS 21.135 (1) for a petition for a protective order regardless of whether the petition requests multiple protective orders. A court may enter a protective order other than appointment of a fiduciary only upon a determination that grounds exist for the appointment of a fiduciary.
(2) In issuing protective orders under this section, the court may exercise any power that could be exercised by a guardian or conservator in a protective proceeding, or any power that could be exercised by the court in a protective proceeding in which a fiduciary is appointed.
(3) Before entering a protective order under this section, the court shall consider the interests of creditors and dependents of the protected person and whether the protected person needs the continuing protection of a fiduciary.
(4) The court may appoint a fiduciary whose authority is limited to a specified time and whose power is limited to certain acts needed to implement the protective order. A fiduciary appointed under this subsection need only make such report to the court as the court may require.
(5) In addition to any other protective order that may be entered under this section, the court may authorize, direct or ratify:
(a) Any transaction necessary or desirable to achieve any security, service or care arrangement meeting the foreseeable needs of the protected person, including but not limited to payment, delivery, deposit or retention of funds or property, sale, mortgage, lease or other transfer of property, entry into an annuity contract, a contract for life care, a deposit contract, a contract for training and education, or addition to or establishment of a suitable trust.
(b) Any contract, trust or other transaction relating to the protected person’s financial affairs or involving the estate of the person if the court determines that the transaction is in the best interests of the protected person. [1995 c.664 §66; 2022 c.68 §5]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.689 - Oregon Public Guardian and Conservator Fund.

(1) The Oregon Public Guardian and Conservator Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Public Guardian and Conservator Fund shall be credited to the fund. The fund consists of:
(a) Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly;
(b) Moneys received from federal, state or local sources;
(c) Amounts donated to the fund;
(d) Investment earnings received on moneys in the fund; and
(e) Other amounts deposited in the fund from any source.
(2) Moneys in the fund are continuously appropriated to the Oregon Public Guardian and Conservator for the purposes of ORS 125.675 to 125.691.
(3) Moneys in the fund may be invested and reinvested as provided in ORS 293.701 to 293.857.
(4) Moneys in the fund may be used by the Oregon Public Guardian and Conservator for administrative costs and expenses of the Oregon Public Guardian and Conservator in performing the duties and functions under ORS 125.675 to 125.691. [2017 c.310 §7]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.691 - Oregon Public Guardian and Conservator Protected Person Trust Account.

(1) The Oregon Public Guardian and Conservator Protected Person Trust Account is established in the State Treasury separate and distinct from the General Fund and the Oregon Public Guardian and Conservator Fund. Moneys in the Oregon Public Guardian and Conservator Protected Person Trust Account consists of moneys received on behalf of persons for whom the Oregon Public Guardian and Conservator has been appointed as a guardian or conservator. All moneys in the account are continuously appropriated to the Oregon Public Guardian and Conservator to be used for the benefit of a person for whom the Oregon Public Guardian and Conservator has been appointed as a guardian or conservator and on whose behalf the Oregon Public Guardian and Conservator has received moneys.
(2) The Oregon Public Guardian and Conservator shall administer the trust account:
(a) For the benefit of persons for whom the Oregon Public Guardian and Conservator has been appointed a guardian or conservator and on whose behalf the Oregon Public Guardian and Conservator has received moneys; and
(b) In accordance with the provisions of this chapter or as ordered by the court.
(3) The Oregon Public Guardian and Conservator may establish subaccounts within the Oregon Public Guardian and Conservator Protected Person Trust Account when the Oregon Public Guardian and Conservator determines that subaccounts are necessary or desirable. Interest earned by the account or subaccounts, if any, shall accrue to the benefit of the account or subaccounts. [2017 c.310 §8]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.693 - High-risk teams; appointment; membership; duties.

(1) As used in this section and ORS 125.694, "highly vulnerable adult" means a person with a disability who is:
(a) At least 18 years of age;
(b) At imminent risk of serious harm; and
(c) Unable to independently protect the person from the harm due to the effects of the person’s disability.
(2) The Oregon Public Guardian and Conservator appointed under ORS 125.678 may establish county or regional high-risk teams that may consist of, but not be limited to, the following:
(a) The Oregon Public Guardian and Conservator.
(b) The Department of Human Services or a designee of the Department of Human Services.
(c) The Oregon Health Authority or a designee of the Oregon Health Authority.
(d) Representatives of:
(A) Local hospitals.
(B) Local crisis response teams.
(C) Homeless services programs.
(D) Veterans’ services programs.
(E) Organizations designated by the Department of Human Services as area agencies on aging.
(F) Any other agency or nonprofit organization that provides services to highly vulnerable adults.
(3) The Oregon Public Guardian and Conservator may establish a statewide high-risk team that may consist of, but not be limited to, representatives of the following:
(a) The Department of Human Services, including developmental disabilities programs and adult abuse prevention programs within the department.
(b) The Oregon Health Authority.
(c) The Oregon State Hospital.
(d) The Department of Veterans’ Affairs.
(e) Any other statewide agency or program that has direct contact with highly vulnerable adults or that provides services addressing serious safety concerns of highly vulnerable adults.
(4) The Oregon Public Guardian and Conservator may delegate the responsibility to develop a high-risk team under this section to a designee or administrator who is or will be a member of the high-risk team pursuant to a written agreement.
(5) A high-risk team shall discuss situations where highly vulnerable adults are at risk of harm, or are currently experiencing harm, and identify the available options for addressing the safety risk, focusing on the least restrictive alternatives.
(6) Each high-risk team shall develop a written protocol establishing the purpose of the team, potential membership within each community and confidentiality procedures consistent with ORS 125.694. [2019 c.96 §1]
Note:
125.693 and 125.694 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.694 - Confidentiality.

(1) As used in this section, "personal representative" and "protected health information" have the meanings given those terms in ORS 192.556.
(2) All information and records acquired by a high-risk team established under ORS 125.693 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.700 - Office of county public guardian and conservator; expenses; termination.

The county court or board of county commissioners of any county:
(1) After making a determination that there exists a need within the county for a guardian or conservator for persons who do not have relatives or friends willing to serve as a guardian or conservator and capable of assuming the duties of guardianship or conservatorship, may create the office of county public guardian and conservator and such subordinate positions as may be necessary to operate effectively the office of county public guardian and conservator.
(2) May expend county funds for the purpose of operating the office of county public guardian and conservator.
(3) After establishment of the office of county public guardian and conservator, upon the finding that the county does not need the service of a county public guardian and conservator, may terminate the office. [Formerly 126.905; 2014 c.117 §13]
Note:
125.700 to 125.730 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.705 - Effect of vacancy in office of county public guardian and conservator.

(1) The person appointed to the office of county public guardian and conservator shall serve in the office at the pleasure of the appointing authority. If the person holding the office of county public guardian and conservator is removed from office, dies, becomes incapacitated or resigns, the removal, death, incapacity or resignation shall operate to remove the county public guardian and conservator as guardian and conservator of all estates then under the guardianship and conservatorship of the person.
(2) As used in ORS 125.700 to 125.730, "county public guardian and conservator" means the person appointed to the office of county public guardian and conservator created under ORS 125.700. [Formerly 126.915; 2014 c.117 §14]
Note:
See note under 125.700.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.710 - Powers and duties of county public guardian and conservator.

(1) The county public guardian and conservator may serve as the guardian or conservator, or both, of any person of whom the court having probate jurisdiction in the county may have jurisdiction. The county public guardian and conservator may serve as guardian or conservator upon the petition of any person or upon the petition of the county public guardian and conservator.
(2) When appointed as guardian or conservator by the court having probate jurisdiction, the county public guardian and conservator shall serve as provided in ORS chapter 125, ORS 127.005 and 127.015 except as specifically stated to the contrary in ORS 125.700 to 125.730.
(3) The county public guardian and conservator in the discretion of the county public guardian and conservator may employ private attorneys if the fees for the attorneys can be defrayed out of funds of the guardianship or conservatorship estate. [Formerly 126.925; 2014 c.117 §15]
Note:
See note under 125.700.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.715 - Bond; exoneration of surety.

(1) Before entering into office as county public guardian and conservator, the person appointed to the office shall file an official bond in such amount as may be fixed from time to time by the board of county commissioners or the court having probate jurisdiction, which bond shall inure to the joint benefit of the several guardianship and conservatorship estates in which the person is acting as guardian or conservator and the county. The county public guardian and conservator shall not be required to file bonds in individual estates.
(2) Upon removal of the county public guardian and conservator in accordance with the provisions of ORS 125.705, the surety on the county public guardian and conservator bond shall be exonerated upon order to that effect of the court having probate jurisdiction in the county. [Formerly 126.935; 2014 c.117 §16]
Note:
See note under 125.700.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.720 - Deposit of funds.

All funds coming into the custody of the county public guardian and conservator shall be deposited in the county treasury and disbursed by proper warrant, or shall be deposited in one or more banks or invested in one or more insured savings and loan associations authorized to do business within the county, or as provided by ORS 125.445 (5). [Formerly 126.945; 2014 c.117 §17]
Note:
See note under 125.700.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.725 - Reimbursement of county public guardian and conservator’s expenses from estate of ward or protected person.

The county public guardian and conservator shall have a claim against the ward’s or protected person’s estate for reasonable expenses incurred in the execution of the guardianship or conservatorship and such compensation for services and those of the attorney of the county public guardian and conservator as the court having probate jurisdiction in the county deems just and reasonable. If the county public guardian and conservator is compensated by the county for services, any reimbursement of expenses or compensation shall be paid to the county. [Formerly 126.955; 2014 c.117 §18]
Note:
See note under 125.700.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.730 - Fees prohibited.

(1) No fee shall be charged or received by any court having probate jurisdiction for the filing of any petition asking for the appointment of the county public guardian and conservator as the guardian or conservator or for any official service performed by that court in the course of the guardianship or conservatorship proceedings.
(2) No fee shall be charged or received by any court having probate jurisdiction for the filing of any petition asking for the appointment of a guardian for a vulnerable youth or for any official service performed by that court in the course of the guardianship. [Formerly 126.965; 2014 c.117 §19; 2021 c.399 §14]
Note:
See note under 125.700.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.800 - Short title.

ORS 125.800 to 125.852 may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. [2009 c.179 §1]
Note:
125.800 to 125.852 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.802 - Definitions.

As used in ORS 125.800 to 125.852:
(1) "Adult" means an individual who has attained 18 years of age.
(2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under ORS chapter 125.
(3) "Conservatorship order" means an order appointing a conservator or other order related to management of an adult’s property.
(4) "Conservatorship proceeding" means a judicial proceeding in which a conservatorship order is sought or has been issued.
(5) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under ORS chapter 125.
(6) "Guardianship order" means an order appointing a guardian.
(7) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(8) "Incapacitated person" means an adult for whom a guardian has been appointed.
(9) "Party" means the respondent, petitioner, guardian, conservator or any other person allowed by the court to participate in a guardianship or conservatorship proceeding.
(10)(a) "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.
(b) "Person" as defined in paragraph (a) of this subsection does not apply in the terms "incapacitated person" or "protected person."
(11) "Protected person" means an adult for whom a conservatorship order has been issued.
(12) "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.
(13) "Respondent" means an adult for whom a conservatorship order or the appointment of a guardian is sought.
(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States. [2009 c.179 §2]
Note:
See note under 125.800.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.805 - International application.

A court of this state may treat a foreign country as if it were a state for the purpose of applying ORS 125.800 to 125.840, 125.850 and 125.852. [2009 c.179 §3]
Note:
See note under 125.800.