Bill Text: OR HB2671 | 2013 | Regular Session | Engrossed
Bill Title: Relating to fiduciary services in probate courts for persons with inadequate resources.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2671 Detail]
Download: Oregon-2013-HB2671-Engrossed.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1731
A-Engrossed
House Bill 2671
Ordered by the House April 17
Including House Amendments dated April 17
Sponsored by Representatives DOHERTY, DEMBROW
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.
{ - Creates State Office of the Public Guardian and
Conservator to provide public guardian and conservator services
for persons without relatives or friends willing or able to serve
as guardians or conservators. Directs Governor to appoint Public
Guardian and Conservator as administrative head of office.
Prescribes duties and responsibilities of Public Guardian and
Conservator and office. Requires office to certify and train
deputy public guardians and conservators. Requires office to
develop volunteer program to assist office. Imposes certain
limitations on court orders in proceedings brought by office. - }
{ - Establishes Public Guardian and Conservator Advisory
Committee. - }
{ - Renames existing offices of public guardian and
conservator as county offices of public guardian and
conservator. - }
{ - Creates State Office of the Public Guardian and
Conservator Fund and continuously appropriates moneys in fund to
State Office of the Public Guardian and Conservator. - }
{ + Directs Governor to appoint Oregon Public Guardian and
Conservator in office of Long Term Care Ombudsman to provide
public guardian and conservator services for persons without
relatives or friends willing or able to serve as guardians or
conservators. Authorizes Oregon Public Guardian and Conservator
to hire one full-time deputy public guardian and conservator and
one staff person. Prescribes duties and responsibilities of
Oregon Public Guardian and Conservator. Imposes certain
limitations on court orders in proceedings involving Oregon
Public Guardian and Conservator.
Establishes Oregon Public Guardian and Conservator Advisory
Committee.
Renames existing offices of public guardian and conservator as
county offices of public guardian and conservator.
Directs office of Long Term Care Ombudsman to supervise,
monitor, advise and support Oregon Public Guardian and
Conservator. Authorizes use of funds in Long Term Care Ombudsman
Account to carry out responsibilities of Oregon Public Guardian
and Conservator. + }
A BILL FOR AN ACT
Relating to fiduciary services in probate courts for persons with
inadequate resources; creating new provisions; and amending ORS
125.240, 125.410, 125.700, 125.705, 125.710, 125.715, 125.720,
125.725, 125.730, 441.109 and 441.153.
Be It Enacted by the People of the State of Oregon:
{ +
THE OREGON PUBLIC GUARDIAN AND CONSERVATOR + }
SECTION 1. { + Sections 2 to 9 of this 2013 Act are added to
and made a part of ORS chapter 125. + }
SECTION 2. { + For purposes of sections 2 to 9 of this 2013
Act:
(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 the 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
appointed by the court to clients under sections 2 to 9 of this
2013 Act.
(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. + }
SECTION 3. { + The Governor shall appoint the Oregon Public
Guardian and Conservator, subject to Senate confirmation under
ORS 171.562 and 171.565, for a four-year term from a list of two
or three nominees nominated by the Long Term Care Ombudsman. The
Oregon Public Guardian and Conservator serves at the pleasure of
the Governor and may be removed by the Governor for good cause or
upon the recommendation of the Oregon Public Guardian and
Conservator Advisory Committee established under section 8 of
this 2013 Act. If there is a vacancy for any cause, the Governor
shall make an appointment within 60 days. The Oregon Public
Guardian and Conservator shall receive a salary as fixed by the
Governor and be reimbursed for all reasonable travel and other
expenses incurred in the performance of official duties.
(2) The Oregon Public Guardian and Conservator shall be
responsible for carrying out the duties and function of the
Oregon Public Guardian and Conservator pursuant to sections 2 to
9 of this 2013 Act, within the office of the Long Term Care
Ombudsman, and subject to the direction, supervision and control
of the Long Term Care Ombudsman.
(3) The Oregon Public Guardian and Conservator may hire or
contract with one full-time deputy public guardian and
conservator and one staff person to carry out the powers, duties
and functions of the Oregon Public Guardian and Conservator. The
Oregon Public Guardian and Conservator may prescribe the duties
and assignments and fix the compensation of persons hired by or
under contract with the Oregon Public Guardian and Conservator,
subject to the State Personnel Relations Law. Subject to any
other applicable laws regulating expenses, the persons hired by
or under contract with the Oregon Public Guardian and Conservator
shall be allowed reasonable travel and other expenses incurred in
the performance of official duties.
(4) The Oregon Public Guardian and Conservator may delegate the
exercise or discharge of any power, duty or function that is
vested in or imposed by law upon the Oregon Public Guardian and
Conservator to the deputy public guardian and conservator or
staff person hired by or under contract with the Oregon Public
Guardian and Conservator for the purpose of conducting an
official act in the name of the Oregon Public Guardian and
Conservator. The official act of any person acting in the name of
the Oregon Public Guardian and Conservator by the authority of
the Oregon Public Guardian and Conservator is an official act of
the Oregon Public Guardian and Conservator.
(5) The Oregon Public Guardian and Conservator may solicit and
accept gifts, grants and donations from public and private
sources for the purpose of carrying out the provisions of
sections 2 to 9 of this 2013 Act, which moneys shall be deposited
in the Long Term Care Ombudsman Account established under ORS
441.153.
(6) In accordance with applicable provisions of ORS chapter
183, the Oregon Public Guardian and Conservator, in consultation
with the Long Term Care Ombudsman and the Oregon Public Guardian
and Conservator Advisory Committee, may adopt rules to carry out
the provisions of sections 2 to 9 of this 2013 Act. + }
SECTION 4. { + 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 for
persons who lack the financial resources to obtain a private
guardian or conservator.
(3) Certify the deputy public guardian and conservator.
(4) Develop model standards of eligibility and professional
conduct for the deputy public guardian and conservator and of
practice and procedure in public guardianship and conservatorship
proceedings.
(5) Develop and implement training and educational materials
for the deputy public guardian and conservator.
(6) Establish and operate a program to recruit, train and
supervise volunteers to provide assistance to the Oregon Public
Guardian and Conservator, the deputy public guardian and
conservator 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 section 5 of this 2013 Act.
(8) Cooperate with county offices of 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. + }
SECTION 5. { + (1) In providing public guardian and
conservator services, the Oregon Public Guardian and Conservator
shall conduct a needs assessment for a person who is claimed to
not have relatives or friends willing or able to assume the
duties of guardianship or conservatorship or who lacks the
financial resources to obtain a private guardian or conservator.
The purpose of the needs assessment is to determine the person's
eligibility to receive public guardian and conservator services
and to determine the appropriateness of filing a petition for the
appointment of a fiduciary or other pleading on behalf of the
person in a court having probate jurisdiction. The assessment
shall, at a minimum:
(a) Assess the person's capacity to:
(A) Care for the person's own safety;
(B) Manage the person's own financial affairs; and
(C) Attend to and provide for necessities such as food,
shelter, clothing and medical care;
(b) Assess the person's financial resources, based on
information available or supplied to the Oregon Public Guardian
and Conservator at the time of the assessment;
(c) Determine whether the available information about the
person is sufficient to support a finding that the person is
incapacitated or financially incapable, and the entry of a court
order for the appointment of a fiduciary under ORS 125.010;
(d) Inquire whether any other person may be willing and able to
serve as the person's guardian or conservator and, if
appropriate, locate and contact that other person;
(e) Determine the type of fiduciary, if any, to request in a
petition filed under ORS 125.055, giving preference to the least
intrusive form of fiduciary relationship consistent with the best
interests of the person; and
(f) Determine how best to provide public guardian and
conservator services to the person that are least restrictive to
the person's liberty, that are least intrusive to the person and
that provide for the greatest degree of independence that the
person is capable of exercising.
(2) For each person determined to be eligible for public
guardian and conservator services under this section, the Oregon
Public Guardian and Conservator shall develop a written plan
setting forth the type and duration of services to be provided by
the Oregon Public Guardian and Conservator. The plan shall be
included in any nonemergency petition or pleading filed with the
court. + }
SECTION 6. { + (1) The deputy public guardian and conservator
providing public guardian and conservator services under sections
2 to 9 of this 2013 Act:
(a) Must be certified as the deputy public guardian and
conservator by the Oregon Public Guardian and Conservator; and
(b) If appointed by the court as public guardian and
conservator for a client, shall serve as provided in this chapter
and ORS 127.005 and 127.015, except as expressly stated otherwise
in sections 2 to 9 of this 2013 Act.
(2) A volunteer who, in the course of providing authorized
public guardian and conservator services, has personal contact
with a client must provide, in writing, the volunteer's criminal
history and must submit or consent to a criminal records check,
including fingerprint identification.
(3) Volunteers of the Oregon Public Guardian and Conservator:
(a) May not conduct the needs assessments required under
section 5 of this 2013 Act;
(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 the 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) 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. + }
SECTION 7. { + (1) A court may not appoint the Oregon Public
Guardian and Conservator or deputy public guardian and
conservator as a fiduciary for a person unless the Oregon Public
Guardian and Conservator or deputy public guardian and
conservator has petitioned for or consented to the appointment.
(2) The Oregon Public Guardian and Conservator shall file an
official bond in such amount as may be fixed from time to time by
the Long Term Care Ombudsman, in consultation with the Oregon
Public Guardian and Conservator Advisory Committee, or the court
having probate jurisdiction. 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 a fee for the filing of a petition
or any other pleading under this chapter by the Oregon Public
Guardian and Conservator or deputy public guardian and
conservator when the filing is made in connection with the
provision of public guardian and conservator services under
sections 2 to 9 of this 2013 Act.
(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 and the office of the Long Term Care Ombudsman 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, the 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
sections 2 to 9 of this 2013 Act. + }
SECTION 8. { + (1) There is established the Oregon Public
Guardian and Conservator Advisory Committee consisting of the
Long Term Care Ombudsman, or the Long Term Care Ombudsman's
designee and six members to be appointed in the following manner:
(a) One person appointed by the Speaker of the House of
Representatives;
(b) One person appointed by the President of the Senate;
(c) One person appointed by the House Minority Leader;
(d) One person appointed by the Senate Minority Leader;
(e) Two persons, to be appointed by the Governor, from a list
of four names submitted by individuals and organizations that
provide guardianship and conservatorship services in this state.
(2) Members described in subsection (1)(e) of this section are
subject to confirmation by the Senate under ORS 171.562 and
171.565.
(3) The term of office of each member is four years. Before the
expiration of the term of a member, the appointing authority
shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired
term.
(4) The members of the committee must be residents of this
state who are broadly representative, to the extent possible, of
persons who provide guardianship and conservatorship and other
fiduciary services to persons in this state, who have knowledge
and interest in the problems of persons who have inadequate
resources to obtain their own fiduciary services and who are
representative of all areas of this state.
(5) The committee shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with duties and powers necessary for the performance of the
functions and duties of these offices as the committee
determines.
(6) A majority of the members of the committee constitutes a
quorum for the transaction of business. Decisions may be made by
a majority of the quorum.
(7) The committee shall meet at least once each month at a
place, day and hour determined by the committee. The committee
also shall meet at other times and places specified by the call
of the chairperson or of a majority of the members of the
committee. The committee shall confer each month with the Public
Guardian and Conservator.
(8) A member of the committee is entitled to compensation and
expenses as provided in ORS 292.495.
(9) The office of the Long Term Care Ombudsman shall provide
staff support to the committee. + }
SECTION 9. { + The Oregon Public Guardian and Conservator
Advisory Committee shall:
(1) Monitor the Oregon Public Guardian and Conservator.
(2) Advise the Governor and the Legislative Assembly on the
Oregon Public Guardian and Conservator.
(3) Advise the Long Term Care Ombudsman regarding persons to be
nominated to become the Oregon Public Guardian and Conservator,
according to prescribed criteria.
(4) Make recommendations to the Governor for removal of the
Oregon Public Guardian and Conservator when appropriate.
(5) Consult with the Oregon Public Guardian and Conservator in
the adoption of rules to implement the provisions of sections 2
to 9 of this 2013 Act. + }
{ +
COUNTY OFFICES OF PUBLIC GUARDIAN AND CONSERVATOR + }
SECTION 10. ORS 125.700 is amended to read:
125.700. 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 { - within the county - } the
{ + county + } office of public guardian and conservator and
such subordinate positions as may be necessary to operate
effectively the { + county + } office of public guardian and
conservator { - within the county - } .
(2) May expend county funds for the purpose of operating the
{ + county + } office of public guardian and conservator.
(3) After establishment of the { + county + } office of public
guardian and conservator { - within a county - } , upon the
finding that the county does not need the service of a public
guardian and conservator, may terminate the office.
SECTION 11. ORS 125.705 is amended to read:
125.705. { + (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 { - in a county - } is removed from office, dies,
becomes incapacitated or resigns, the removal, death, incapacity
or resignation shall operate to remove
{ - such - } { + 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
county office of public guardian and conservator created under
ORS 125.700. + }
SECTION 12. ORS 125.710 is amended to read:
125.710. (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 { - own - } 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.
SECTION 13. ORS 125.715 is amended to read:
125.715. (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 { - or - } { +
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.
SECTION 14. ORS 125.720 is amended to read:
125.720. 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).
SECTION 15. ORS 125.725 is amended to read:
125.725. 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.
SECTION 16. ORS 125.730 is amended to read:
125.730. 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.
{ +
CONFORMING AMENDMENTS + }
SECTION 17. ORS 441.109 is amended to read:
441.109. The office of the Long Term Care Ombudsman shall carry
out the following duties:
(1) Investigate and resolve complaints made by or for residents
of long term care facilities about administrative actions that
may adversely affect their health, safety, welfare or rights,
including subpoenaing any person to appear, give sworn testimony
or to produce documentary or other evidence that is reasonably
material to any matter under investigation.
(2) Undertake, participate in or cooperate with persons and
agencies in such conferences, inquiries, meetings or studies as
may lead to improvements in the functioning of long term care
facilities.
(3) Monitor the development and implementation of federal,
state and local laws, regulations and policies that relate to
long term care facilities in this state.
(4) Provide information to public agencies about the problems
of residents of long term care facilities.
(5) Work closely with cooperative associations and citizen
groups in this state.
(6) Widely publicize the Long Term Care Ombudsman's service,
purpose and mode of operation.
(7) Collaborate with the Department of Human Services and the
Nursing Home Administrators Board to establish a statewide system
to collect and analyze information on complaints and conditions
in long term care facilities for the purpose of publicizing
improvements and resolving significant problems.
(8) Appoint designees to serve as local representatives of the
office in various districts of the state and regularly monitor
their functions.
(9) Specify qualifications and duties of designees.
(10) Adopt rules necessary for carrying out ORS 441.100 to
441.133, after consultation with the committee.
(11) Provide periodically, or at least twice annually, a report
to the Governor, department and the Legislative Assembly.
(12) Prepare necessary reports with the assistance of the
department.
{ + (13) Supervise, monitor, advise and support the Oregon
Public Guardian and Conservator appointed under section 3 of this
2013 Act. + }
SECTION 18. ORS 441.153 is amended to read:
441.153. The Long Term Care Ombudsman Account is established
separate and distinct from the General Fund. All miscellaneous
receipts, gifts and federal and other grants received by the Long
Term Care Ombudsman shall be deposited into the Long Term Care
Ombudsman Account and are continuously appropriated to the Long
Term Care Ombudsman for carrying out the responsibilities of the
Long Term Care Ombudsman { + and the Oregon Public Guardian and
Conservator + }.
SECTION 19. ORS 125.240 is amended to read:
125.240. (1) If a petition seeks the appointment of a
professional fiduciary as described in subsection (5) of this
section, the petition must contain the following information in
addition to that information required under ORS 125.055:
(a) A description of the events that led to the involvement of
the professional fiduciary in the case.
(b) The professional fiduciary's educational background and
professional experience.
(c) The fees charged by the professional fiduciary and whether
the fees are on an hourly basis or are based on charges for
individual services rendered.
(d) The names of providers of direct services to protected
persons that are repeatedly used by the professional fiduciary
under contract.
(e) The disclosures required under ORS 125.221 if the person
nominated to act as fiduciary will employ a person in which the
nominated person has a pecuniary or financial interest.
(f) The number of protected persons for whom the person
performs fiduciary services at the time of the petition.
(g) Whether the professional fiduciary has ever had a claim
against the bond of the fiduciary and a description of the
circumstances causing the claim.
(h) Whether the professional fiduciary or any staff with
responsibility for making decisions for clients or for management
of client assets has ever filed for bankruptcy and the date of
filing.
(i) Whether the professional fiduciary or any staff with
responsibility for making decisions for clients or for management
of client assets has ever been denied a professional license that
is directly related to responsibilities of the professional
fiduciary, or has ever held a professional license that is
directly related to responsibilities of the professional
fiduciary that was revoked or canceled. If such a license has
been denied, revoked or canceled, the petition must reflect the
date of the denial, revocation or cancellation and the name of
the regulatory body that denied, revoked or canceled the license.
(j) A statement that the criminal records check required under
subsection (2) of this section does not disqualify the person
from acting as a fiduciary.
(k) Whether the professional fiduciary and any staff
responsible for making decisions for clients or for management of
client assets is or has been certified by a national or state
association of professional fiduciaries, the name of any such
association and whether the professional fiduciary or other staff
person has ever been disciplined by any such association and the
result of the disciplinary action.
(L) The name, address and telephone number of the individual
who is to act as primary decision maker for the protected person
and the name of the person with whom the protected person will
have personal contact if that person is not the person who will
act as primary decision maker for the protected person.
(2)(a) If a petition seeks the appointment of a professional
fiduciary as described in subsection (5) of this section, the
professional fiduciary and all staff with responsibility for
making decisions for clients or for management of client assets
must undergo a criminal records check before the court may
appoint the professional fiduciary. The results of the criminal
records check shall be provided by the petitioner to the court.
Results of criminal records checks submitted to the court are
confidential, shall be subject to inspection only by the parties
to the proceedings and their attorneys, and shall not be subject
to inspection by members of the public except pursuant to a court
order entered after a showing of good cause. A professional
fiduciary must disclose to the court any criminal conviction of
the professional fiduciary that occurs after the criminal records
check was performed. The criminal records check under this
subsection shall consist of a check for a criminal record in the
State of Oregon and a national criminal records check if:
(A) The person has resided in another state within five years
before the date that the criminal records check is performed;
(B) The person has disclosed the existence of a criminal
conviction; or
(C) A criminal records check in Oregon discloses the existence
of a criminal record in another jurisdiction.
(b) The requirements of this subsection do not apply to any
person who serves as a { + county + } public guardian
{ - or - } { + and + } conservator, or any staff of a { +
county + }public guardian { - or - } { + and + }
conservator, { + + } { - who is - } operating under ORS
125.700 to 125.730 or 406.050 { - and who is otherwise required
to acquire a criminal records check for other purposes - } { + ,
or to the Oregon Public Guardian and Conservator, the deputy
public guardian and conservator or the staff or volunteers of the
Oregon Public Guardian and Conservator, operating under sections
2 to 9 of this 2013 Act, unless the person is otherwise required
to submit to a criminal records check under ORS 125.700 to
125.730 or sections 2 to 9 of this 2013 Act + }.
(3)(a) If a petition seeks the appointment of a { + county + }
public guardian and conservator operating under the provisions of
ORS 125.700 to 125.730, { + the appointment of the Oregon Public
Guardian and Conservator or the deputy public guardian and
conservator, operating under the provisions of sections 2 to 9 of
this 2013 Act, + }or the appointment of a conservator under ORS
406.050 (8), the petition need not contain the information
described in subsection (1)(d) or (L) of this section.
(b) If a { + county + } public guardian and conservator
operating under the provisions of ORS 125.700 to 125.730 { + , or
the Oregon Public Guardian and Conservator or the deputy public
guardian and conservator, operating under the provisions of
sections 2 to 9 of this 2013 Act, + } is appointed to act as a
fiduciary, or a conservator operating under the authority of ORS
406.050 (8) is appointed, the { + county + } public guardian
{ - or - } { + and + } conservator { + , the Oregon Public
Guardian and Conservator or the deputy public guardian and
conservator + }must file with the court within three days after
receipt of written notice of the appointment a statement
containing the name, address and telephone number of the
individual who will act as primary decision maker for the
protected person and the name of the person with whom the
protected person will have personal contact if the person named
as primary decision maker will not have personal contact with the
protected person.
(4) If the court appoints a professional fiduciary as described
in subsection (5) of this section, the professional fiduciary
must update all information required to be disclosed by
subsection (1) of this section and provide a copy of the updated
statement upon the request of the protected person or upon the
request of any person entitled to notice under ORS 125.060 (3).
The professional fiduciary must provide an updated statement
without demand to the court, the protected person and persons
entitled to notice under ORS 125.060 (3) at any time that there
is a change in the information provided under subsection (1)(L)
or (3)(b) of this section.
(5) The provisions of this section apply to any person
nominated as a fiduciary or serving as a fiduciary who is acting
at the same time as a fiduciary for three or more protected
persons who are not related to the fiduciary.
SECTION 20. ORS 125.410 is amended to read:
125.410. (1) Except as provided in subsection (2) of this
section, the court shall require a conservator to furnish a bond
conditioned upon faithful discharge of all duties of the
conservator according to law, with sureties as specified by the
court. Unless otherwise directed, the bond must be in the amount
of the aggregate capital value of the property of the estate in
the control of the conservator plus one year's estimated income
minus the value of securities and money deposited under
arrangements requiring an order of the court for their removal
and the value of any real property that the conservator, by
express limitation of power, lacks power to sell or convey
without court authorization.
(2)(a) The court may waive a bond for good cause shown.
(b) Subsection (1) of this section does not affect the
provisions of ORS 709.240, relating to a trust company acting as
fiduciary, ORS 125.715, relating to a { + county + } public
guardian { + and conservator + } acting as fiduciary,
{ + section 7 of this 2013 Act, relating to the Oregon Public
Guardian and Conservator or the deputy public guardian and
conservator acting as fiduciary under sections 2 to 9 of this
2013 Act, + } or ORS 406.050 (8), relating to the Department of
Veterans' Affairs acting as fiduciary.
(3) Sureties for a bond required under this section are jointly
and severally liable with the conservator and with each other.
(4) Letters of conservatorship may not be issued until the bond
required by this section is approved by the court.
(5) The bond of the conservator continues in effect until the
sureties on the bond are released by order of the court.
(6) The court may at any time increase or reduce the amount of
the bond required of a conservator for the protection of the
protected person and the estate of the protected person.
(7) If a surety on a bond required by this section gives notice
of intent to cancel the bond, the conservator shall execute and
file in the protective proceeding a new bond before the
cancellation date specified by the surety. The new bond shall be
in the amount and subject to those conditions that may be
required by the court. If the conservator fails to file a new
bond, the authority of the conservator ends on the date specified
by the surety for cancellation of the bond. The letters of
conservatorship issued to the conservator are void from that
date, and the conservator must make and file the final accounting
of the conservator.
{ +
UNIT CAPTIONS + }
SECTION 21. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
APPLICABILITY + }
SECTION 22. { + Sections 2 to 9 of this 2013 Act and the
amendments to ORS 125.240, 125.410, 125.700, 125.705, 125.710,
125.715, 125.720, 125.725, 125.730, 441.109 and 441.153 by
sections 10 to 20 of this 2013 Act apply to protective
proceedings commenced on or after the effective date of this 2013
Act. + }
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