(a) When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property has a fiduciary relationship with the vulnerable person.
(b) When a vulnerable person requests that another person transfer to the vulnerable person any money or property that the other person holds or controls and that belongs to or is held in express trust, constructive trust or resulting trust for the vulnerable person, and the other person, without good cause, either continues to hold the money or property or fails to take reasonable steps to make the money or property readily available to the vulnerable person when:
(A) The ownership or control of the money or property was acquired in whole or in part by the other person or someone acting in concert with the other person from the vulnerable person; and
(B) The other person acts in bad faith, or knew or should have known of the right of the vulnerable person to have the money or property transferred as requested or otherwise made available to the vulnerable person.
(c) When a person has at any time engaged in conduct constituting a violation of a restraining order regarding sweepstakes that was issued under ORS 124.020.
(2) A transfer of money or property that is made for the purpose of qualifying a vulnerable person for Medicaid benefits or for any other state or federal assistance program, or the holding and exercise of control over money or property after such a transfer, does not constitute a wrongful taking or appropriation under subsection (1)(a) of this section or the holding of money or property without good cause for the purposes of subsection (1)(b) of this section. [1995 c.671 §3; 1999 c.305 §2; 1999 c.875 §8; 2005 c.386 §3]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse
Section 124.005 - Definitions for ORS 124.005 to 124.040.
Section 124.015 - Hearing upon request of respondent; relief; settlement; effect of proceedings.
Section 124.024 - Notice to be given by guardian petitioner.
Section 124.025 - Removal of personal effects; accompanying peace officer; limitation on liability.
Section 124.050 - Definitions for ORS 124.050 to 124.095.
Section 124.060 - Duty of officials to report; exceptions.
Section 124.065 - Method of reporting; content; notice to law enforcement agency and to department.
Section 124.071 - Deadline to complete abuse investigation; exception; written report required.
Section 124.073 - Training for abuse investigators.
Section 124.075 - Immunity of person making report in good faith; identity confidential.
Section 124.077 - Immunity for disclosure to prospective employer.
Section 124.080 - Photographing of victim; photograph as record.
Section 124.088 - Certain privileges not grounds for excluding evidence in court proceedings.
Section 124.090 - Confidentiality of records; exceptions.
Section 124.105 - Physical abuse subject to action.
Section 124.110 - Financial abuse subject to action.
Section 124.115 - Persons not subject to action.