71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 577
 
                         House Bill 2366
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for the Elder Law section of the Oregon State Bar)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows court to enter protective order authorizing creation of
irrevocable trust without making finding that respondent is
financially incapable.
 
                        A BILL FOR AN ACT
Relating to protective orders establishing trusts in protective
  proceedings.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 125. + }
  SECTION 2.  { + (1) A court may enter a protective order under
ORS 125.650 that authorizes the creation of an irrevocable trust
for the assets of a respondent described in subsection (2) of
this section or that appoints a conservator for the sole purpose
of establishing an irrevocable trust for the assets of a
respondent described in subsection (2) of this section.
Notwithstanding ORS 125.400 and 125.650 (1), the court need not
find that the respondent is financially incapable as a condition
of entering a protective order under this section.
  (2) A protective order may be entered under this section only
for a respondent who is:
  (a) Younger than 65 years of age;
  (b) Determined to be disabled by the Department of Human
Services according to Social Security Administration disability
criteria; and
  (c) Eligible for, or receiving, Social Security Disability
Insurance payments or Supplemental Security Income payments.
  (3) A petitioner who seeks entry of a protective order under
this section must attach to the petition a copy of the proposed
trust instrument. The court may enter a protective order under
this section only if the proposed trust instrument provides that:
  (a) The trust will be managed for the benefit of the
respondent; and
  (b) The state will receive all amounts remaining in the trust
upon the death of the respondent up to an amount equal to the
total medical assistance paid on behalf of the respondent under
ORS chapter 411. + }
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