75th OREGON LEGISLATIVE ASSEMBLY--2009 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 585
House Bill 2309
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Oregon State Bar Estate Planning Section)
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.
Extends length of conservatorship created for minor from date
protected person attains 18 years of age to date person attains
21 years of age.
Allows protected person to control income and property acquired
after person attains 18 years of age.
Allows creditor of protected person who attains 18 years of age
to enforce claim against property acquired after person attains
18 years of age.
Applies to conservatorships created prior to, on or after
effective date of Act for persons who are minors on or after
effective date.
A BILL FOR AN ACT
Relating to protective proceedings; creating new provisions; and
amending ORS 125.090, 125.230, 125.420 and 125.475.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 125.090 is amended to read:
125.090. (1) A protected person is entitled to the same rights
and procedures provided in the original proceedings when a motion
to terminate the protective proceeding is filed and a fiduciary
opposes the motion. The fiduciary has the burden of proving by
clear and convincing evidence that a protected person continues
to be incapacitated or financially incapable if a motion to
terminate a protective proceeding is filed and the fiduciary
opposes the motion. A visitor must be appointed if a motion for
termination of a guardianship is filed and objections are filed
to the motion. A visitor may be appointed if a motion for
termination of a conservatorship is filed.
(2) The court may terminate protective proceedings upon motion
after determining any of the following:
(a) The appointment of a fiduciary { + other than a
conservator + } or other protective order was made because the
protected person was a minor, and the protected person has
attained the age of majority.
{ + (b) The appointment of a conservator was made because the
protected person was a minor, and the protected person has
attained 21 years of age. + }
{ - (b) - } { + (c) + } The appointment of a fiduciary or
other protective order was made because the protected person was
incapacitated, and the protected person is no longer
incapacitated.
{ - (c) - } { + (d) + } The appointment of a fiduciary or
other protective order was made because the protected person was
financially incapable, and the protected person is no longer
financially incapable or the conditions of ORS 125.535 have been
met.
{ - (d) - } { + (e) + } The protected person has died.
{ - (e) - } { + (f) + } The best interests of the protected
person would be served by termination of the proceedings.
(3) The court shall terminate a protective proceeding by entry
of a general judgment { + as defined in ORS 18.005 + }.
SECTION 2. ORS 125.230 is amended to read:
125.230. (1) { + (a) + } Except as provided in subsection (3)
of this section, a fiduciary's authority terminates upon the
death, resignation or removal of the fiduciary or upon the
protected person's death.
{ + (b) + } If the fiduciary is a guardian appointed solely
by reason of the minority of the protected person, the
fiduciary's authority terminates upon the protected person
attaining 18 years of age.
{ + (c) If the fiduciary is a conservator appointed solely by
reason of the minority of the protected person, the fiduciary's
authority terminates upon the protected person attaining 21 years
of age. + }
(2) Resignation or removal of a fiduciary does not discharge
the fiduciary until a final report or accounting has been
approved by the court, any surety exonerated and the fiduciary
discharged by order of the court.
(3) A guardian retains the authority to direct disposition of
the remains of a deceased protected person if the guardian is
unaware of any contact during the 12-month period immediately
preceding the death of the protected person between the protected
person and any person with priority over the fiduciary to control
disposition of the remains under ORS 97.130 or to make an
anatomical gift under ORS 97.965.
SECTION 3. ORS 125.420 is amended to read:
125.420. { + (1) Except as provided in subsections (2) and (3)
of this section, + } a conservator shall take possession of all
the property of substantial value of the protected person, and of
rents, income, issues and profits from those properties whether
accruing before or after the appointment of the conservator. The
conservator shall also take possession of all proceeds from the
sale, mortgage, lease or other disposition of property of the
protected person. { - The conservator may permit the protected
person to retain possession and control of property and funds for
living requirements as appropriate to the needs and capacities of
the protected person. - } The title to all property of the
protected person is in the protected person and not in the
conservator.
{ + (2) The conservator may permit the protected person to
retain possession and control of property and funds for living
requirements as appropriate to the needs and capacities of the
protected person.
(3) The protected person, rather than a conservator appointed
solely by reason of the minority of the protected person, has the
right to possess, control, convey, encumber and make contracts or
elections affecting income and property acquired by the protected
person after the person has attained 18 years of age. However,
income from and increase in value of conservatorship property are
considered property acquired by the conservator and not by the
protected person. + }
SECTION 4. ORS 125.475 is amended to read:
125.475. (1) Unless the court by order provides otherwise, a
conservator shall account to the court for the administration of
the protected estate within 60 days after each anniversary of
appointment. In addition, a conservator shall account to the
court for the administration of the protected estate:
(a) Within 60 days after { + :
(A) + } The death of the protected person { - , - } { + ;
(B) + } A { - minor - } protected person { + for whom a
conservator was appointed because the protected person was a
minor + } attains
{ - majority - } { + 21 years of age; + }or
{ + (C) + } An adult protected person becomes able to manage
the protected person's financial resources; and
(b) Within 30 days after the removal of the conservator, the
resignation of the conservator or the termination of the
conservator's authority under ORS 125.410 (7).
(2) Each accounting must include the following information:
(a) The period of time covered by the accounting.
(b) The total value of the property with which the conservator
is chargeable according to the inventory, or, if there was a
prior accounting, the amount of the balance of the prior
accounting.
(c) All money and property received during the period covered
by the accounting.
(d) All disbursements made during the period covered by the
accounting.
(e) The amount of bond posted by the conservator during the
period covered by the accounting.
(f) Such other information as the conservator considers
necessary, or that the court might require, for the purpose of
disclosing the condition of the estate.
(3) Vouchers for disbursements must accompany the accounting
unless otherwise provided by order or rule of the court or unless
the conservator is a trust company that has complied with ORS
709.030. If vouchers are not required, the conservator shall:
(a) Maintain the vouchers for a period of not less than one
year following the date on which the order approving the final
accounting is entered;
(b) Permit interested persons to inspect the vouchers and
receive copies of the vouchers at their own expense at the place
of business of the conservator during the conservator's normal
business hours at any time before the end of one year following
the date on which the order approving the final accounting is
entered; and
(c) Include in each annual accounting and the final accounting
a statement that the vouchers are not filed with the accounting
but are maintained by the conservator and may be inspected and
copied as provided in this subsection.
(4) The court may waive a final accounting if:
(a) The conservator was appointed because the protected person
was a minor, and the protected person has attained { - the age
of majority - } { + 21 years of age + }, or the conservator was
appointed because the protected person was financially incapable,
and the protected person is no longer financially incapable;
(b) The protected person gives a receipt to the conservator for
the property delivered to the protected person; and
(c) The conservator files with the court a copy of the receipt
issued by the protected person to the conservator.
(5) Copies of accountings must be served on all persons listed
in ORS 125.060 (3). The court may waive service on the protected
person if service of the copy would not assist the protected
person in understanding the proceedings.
(6) The court may require a conservator to submit to a physical
check of the estate in the control of the conservator at any time
and in any manner the court may specify.
(7) The Chief Justice of the Supreme Court may by rule specify
the form and contents of accounts that must be filed by a
conservator.
SECTION 5. { + Section 6 of this 2009 Act is added to and made
a part of ORS chapter 125. + }
SECTION 6. { + (1) ORS 125.495, 125.500, 125.505, 125.510,
125.515 and 125.520 do not apply to property acquired by a
protected person after the person has attained 18 years of age as
described in ORS 125.420 (3).
(2) A creditor of the protected person may elect to enforce the
creditor's claim against the property described in subsection (1)
of this section to the extent permitted by law other than
provisions of ORS chapter 125. + }
SECTION 7. { + Section 6 of this 2009 Act and the amendments
to ORS 125.090, 125.230, 125.420 and 125.475 by sections 1 to 4
of this 2009 Act apply to appointments of conservators made prior
to, on or after the effective date of this 2009 Act for protected
persons who are minors on or after the effective date of this
2009 Act. + }
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