Bill Text: OR HB3129 | 2013 | Regular Session | Enrolled
Bill Title: Relating to professional fiduciaries.
Sponsorship: Partisan Bill (Democrat 7)
Status: (Passed) 2013-07-29 - Chapter 690, (2013 Laws): Effective date January 1, 2014. [HB3129 Detail]
Download: Oregon-2013-HB3129-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3129
Sponsored by Representatives DEMBROW, GELSER, Senator DINGFELDER;
Representatives DOHERTY, GOMBERG, KENY-GUYER, Senator EDWARDS
CHAPTER ................
AN ACT
Relating to professional fiduciaries; amending ORS 125.240.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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) Proof that the professional fiduciary, or an
individual responsible for making decisions for clients or for
managing client assets for the professional fiduciary, is
certified by the Center for Guardianship Certification or its
successor organization as a National Certified Guardian or a
National Master Guardian. + }
{ - (a) - } { + (b) + } A description of the events that
led to the involvement of the professional fiduciary in the case.
{ - (b) - } { + (c) + } The professional fiduciary's
educational background and professional experience.
{ - (c) - } { + (d) + } 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) - } { + (e) + } The names of providers of direct
services to protected persons that are repeatedly used by the
professional fiduciary under contract.
{ - (e) - } { + (f) + } The disclosures required under ORS
125.221 if the person nominated to act as { + a professional + }
fiduciary will employ a person in which the nominated person has
a pecuniary or financial interest.
{ - (f) - } { + (g) + } The number of protected persons for
whom the person performs fiduciary services at the time of the
petition.
{ - (g) - } { + (h) + } Whether the professional fiduciary
has ever had a claim against the bond of the
{ + professional + } fiduciary and a description of the
circumstances causing the claim.
{ - (h) - } { + (i) + } 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) - } { + (j)(A) + } Whether the professional
fiduciary or any staff with responsibility for making decisions
Enrolled House Bill 3129 (HB 3129-B) Page 1
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.
{ + (B) A professional license under this paragraph includes
a certificate described in paragraph (a) of this subsection. + }
{ - (j) - } { + (k) + } A statement that the criminal
records check required under subsection (2) of this section does
not disqualify the person from acting as a { + professional + }
fiduciary.
{ - (k) - } { + (L) + } 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) - } { + (m) + } 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 public guardian or conservator, or any
staff of a public guardian or 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.
(3)(a) If a petition seeks the appointment of a public guardian
and conservator operating under the provisions of ORS 125.700 to
125.730, or the appointment of a conservator under ORS 406.050
(8), the petition need not contain the information described in
Enrolled House Bill 3129 (HB 3129-B) Page 2
subsection { - (1)(d) or (L) - } { + (1)(e) or (m) + } of
this section.
(b) If a public guardian and conservator operating under the
provisions of ORS 125.700 to 125.730 is appointed to act as a
{ + professional + } fiduciary, or a conservator operating
under the authority of ORS 406.050 (8) is appointed, the public
guardian or 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) - } { + (1)(m) + } or (3)(b) of this section.
(5) { - The provisions of this section apply to any - }
{ + As used in this section, 'professional fiduciary' means
a + } 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. { + + }
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Passed by House June 21, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 27, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3129 (HB 3129-B) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3129 (HB 3129-B) Page 4
