Oregon Statutes 125.205 – Persons not qualified to act as fiduciary
(1) A person is not qualified to serve as a fiduciary if the person:
Terms Used In Oregon Statutes 125.205
- Financially incapable: means a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance. See Oregon Statutes 125.005
- Incapacitated: means a condition in which a person's ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person's physical health or safety. See Oregon Statutes 125.005
- Minor: means any person who has not attained 18 years of age. See Oregon Statutes 125.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Protected person: means a person for whom a protective order has been entered. See Oregon Statutes 125.005
(a) Is incapacitated, financially incapable or a minor;
(b) Is acting as a health care provider, as defined in ORS § 127.505, for the protected person; or
(c) Is the protected person’s parent or former guardian and:
(A) At any time while the protected person was under the care, custody or control of the person, a court entered an order:
(i) Taking the protected person into protective custody under ORS § 419B.150; or
(ii) Committing the protected person to the legal custody of the Department of Human Services for care, placement and supervision under ORS § 419B.337; and
(B) The court entered a subsequent order that:
(i) The protected person should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the protected person to be returned to the person’s home, and no subsequent order of the court was entered that permitted the protected person to return to the person’s home before the protected person’s wardship was terminated under ORS § 419B.328; or
(ii) Terminated the person’s parental rights under ORS § 419B.500 and 419B.502 to 419B.524.
(2) A protected person, while not incapacitated, may petition the court to remove a prohibition contained in subsection (1)(c) of this section. [1995 c.664 § 20; 2011 c.194 § 1]