(1) Convey or release contingent or expectant interests of the protected person in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety.
(2) Create revocable or irrevocable trusts of property of the estate. A trust created by the conservator may extend beyond the period of disability of the protected person or beyond the life of the protected person. A trust created by the conservator must be consistent with the will of the protected person or any other written or oral expression of testamentary intent made by the protected person before the person became incapacitated. The court may not approve a trust that has the effect of terminating the conservatorship unless:
(a) The trust is created for the purpose of qualifying the protected person for needs-based government benefits or maintaining the eligibility of the protected person for needs-based government benefits;
(b) The value of the conservatorship estate, including the amount to be transferred to the trust, does not exceed $50,000;
(c) The purpose of establishing the conservatorship was to create the trust; or
(d) The conservator shows other good cause to the court.
(3) Exercise rights of the protected person to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value.
(4) Disclaim any interest the protected person may have by testate or intestate succession, by inter vivos transfer or by transfer on death deed.
(5) Authorize, direct or ratify any annuity contract or contract for life care.
(6) Revoke a transfer on death deed. [1995 c.664 §42; 2007 c.62 §1; 2011 c.212 §28]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 125 - Protective Proceedings
Section 125.005 - Definitions.
Section 125.010 - Protective proceedings.
Section 125.015 - Jurisdiction of protective proceedings; proceedings in other states.
Section 125.020 - Venue for protective proceedings.
Section 125.025 - Authority of the court in protective proceedings.
Section 125.030 - Use of limited judgment in protective proceedings.
Section 125.035 - Reports to Legislative Assembly regarding protective proceedings.
Section 125.055 - Petitions in protective proceedings.
Section 125.060 - Who must be given notice.
Section 125.065 - Manner of giving notice.
Section 125.070 - Contents of notice.
Section 125.075 - Presentation of objections.
Section 125.080 - Hearing; appointment of counsel.
Section 125.082 - Notice of appointment.
Section 125.085 - Motions after appointment of a fiduciary; disclosure of protected information.
Section 125.090 - Termination of proceedings.
Section 125.095 - Fees, costs and disbursements payable in protective proceedings.
Section 125.098 - Factors in determining award of attorney fees; appeal.
Section 125.150 - Appointment of visitors.
Section 125.155 - Visitor’s report.
Section 125.165 - Qualifications and standards for visitors.
Section 125.170 - Payment and reimbursement for visitor services.
Section 125.205 - Persons not qualified to act as fiduciary.
Section 125.210 - Circumstances requiring notice to court.
Section 125.215 - Acceptance of appointment as fiduciary; notice of proceedings to fiduciary.
Section 125.221 - Conflicts of interest.
Section 125.225 - Removal of fiduciary.
Section 125.230 - Termination of fiduciary’s authority; discharge of fiduciary.
Section 125.240 - Professional fiduciaries.
Section 125.242 - Exemptions for financial institutions and trust companies.
Section 125.305 - Order of appointment.
Section 125.310 - Letters of guardianship.
Section 125.315 - General powers and duties of guardian.
Section 125.320 - Limitations on guardian.
Section 125.323 - Limits on association.
Section 125.325 - Guardian’s report.
Section 125.405 - Letters of conservatorship.
Section 125.410 - Conservator’s bond.
Section 125.415 - Termination of bond by surety.
Section 125.425 - Powers of conservator to pay expenses of protected person and dependents.
Section 125.430 - Sale of protected person’s residence.
Section 125.440 - Acts conservator may perform only with court approval.
Section 125.445 - Acts authorized to be performed without prior court approval.
Section 125.455 - Power of competent protected person over estate.
Section 125.465 - Discovery of property; examination by conservator.
Section 125.470 - Filing of inventory required; supplemental inventory.
Section 125.475 - Conservator’s accounting to court; contents.
Section 125.485 - Liability of conservator.
Section 125.490 - Status of persons dealing with conservator.
Section 125.495 - Payment of claims against estate or protected person.
Section 125.500 - Enforcement of claim against estate or protected person.
Section 125.510 - Procedure where claim disallowed.
Section 125.515 - Effect of presentation of claim on statute of limitations.
Section 125.520 - Order of payment of expenses and claims.
Section 125.525 - Termination of conservatorship.
Section 125.540 - Payment of debt and delivery of property to foreign conservator.
Section 125.605 - Procedure for appointment of temporary fiduciary.
Section 125.610 - Report of temporary fiduciary.
Section 125.650 - Other protective orders.
Section 125.675 - Definitions.
Section 125.678 - Appointment; term; responsibilities; delegation of duties; rules.
Section 125.680 - Duties of Oregon Public Guardian and Conservator.
Section 125.683 - Needs assessment; access to records; written plan for services.
Section 125.689 - Oregon Public Guardian and Conservator Fund.
Section 125.691 - Oregon Public Guardian and Conservator Protected Person Trust Account.
Section 125.693 - High-risk teams; appointment; membership; duties.
Section 125.694 - Confidentiality.
Section 125.700 - Office of county public guardian and conservator; expenses; termination.
Section 125.705 - Effect of vacancy in office of county public guardian and conservator.
Section 125.710 - Powers and duties of county public guardian and conservator.
Section 125.715 - Bond; exoneration of surety.
Section 125.720 - Deposit of funds.
Section 125.730 - Fees prohibited.
Section 125.800 - Short title.
Section 125.802 - Definitions.
Section 125.805 - International application.
Section 125.807 - Communication between courts.
Section 125.810 - Cooperation between courts.
Section 125.812 - Taking testimony in another state.
Section 125.815 - Definitions; significant-connection factors.
Section 125.817 - Exclusive basis.
Section 125.820 - Jurisdiction.
Section 125.822 - Special jurisdiction.
Section 125.825 - Exclusive and continuing jurisdiction.
Section 125.827 - Appropriate forum.
Section 125.830 - Jurisdiction declined by reason of conduct.
Section 125.832 - Notice of proceeding.
Section 125.835 - Proceedings in more than one state.
Section 125.837 - Transfer of guardianship or conservatorship to another state.
Section 125.840 - Accepting guardianship or conservatorship transferred from another state.
Section 125.842 - Registration of guardianship orders; fee.
Section 125.845 - Registration of conservatorship orders; fee.
Section 125.847 - Effect of registration.
Section 125.850 - Uniformity of application and construction.
Section 125.852 - Relation to Electronic Signatures in Global and National Commerce Act.