Oregon Statutes 125.225 – Removal of fiduciary
(1) A court shall remove a fiduciary whenever that removal is in the best interests of the protected person.
Terms Used In Oregon Statutes 125.225
- Conservator: means a person appointed as a conservator under the provisions of this chapter. See Oregon Statutes 125.005
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter. See Oregon Statutes 125.005
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed as a guardian under the provisions of this chapter. 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
- Visitor: means a person appointed by the court under ORS § 125. See Oregon Statutes 125.005
(2) In addition to any other grounds, the court may remove a conservator if the conservator fails to use good business judgment and diligence in the management of the estate under the control of the conservator. The court may apply a higher standard of care to a conservator who claims to have greater than ordinary skill or expertise.
(3) In addition to any other grounds, the court may remove a guardian if the court determines the guardian:
(a) Unreasonably limits the protected person‘s associations under ORS § 125.323;
(b) Fails to perform the guardian’s duties required under ORS § 125.315 (1)(g) to (i); or
(c) Changes the abode of the adult protected person or places the protected person in a mental health treatment facility, a nursing home or other residential facility and:
(A) Failed to disclose in the petition for appointment that the guardian intended to make the placement; or
(B) Failed to comply with ORS § 125.320 (3) before making the placement.
(4) On termination of the authority of a fiduciary, an interim fiduciary may be appointed by the court to serve for a period not to exceed 60 days. An interim fiduciary under this subsection may be appointed by the court without the appointment of a visitor, additional notices or any other additional procedure, except as may be determined necessary by the court.
(5) Upon termination of the authority of a fiduciary, the court may appoint a successor fiduciary. A petition for appointment as successor fiduciary must be filed in the same manner as provided for an original petition, and is subject to all provisions applicable to an original petition for the appointment of a fiduciary. No filing fee shall be charged or collected for the filing of a petition for the appointment of a successor fiduciary. [1995 c.664 § 24; 2017 c.391 § 4; 2019 c.198 § 4]