Oregon Statutes 443.880 – Responsibilities of residential facility regarding property of resident
(1) The admission of a person to a residential facility shall not act to create in the facility, its owner, administrator or employee any authority to manage, use or dispose of any property of the resident, or any authority or responsibility for the personal affairs of the person, except as may be necessary for the safety and orderly management of the facility and as may be required by this section.
Terms Used In Oregon Statutes 443.880
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trustee: A person or institution holding and administering property in trust.
(2) No owner, administrator or employee of a residential facility may act as guardian, conservator, trustee or attorney in fact for any resident of the facility unless the resident is related to the owner, administrator or employee within the third degree of consanguinity. This subsection shall not prevent the owner, administrator or employee of a residential facility from acting as a representative payee for the resident.
(3) A residential facility shall provide for the safekeeping of personal effects, funds and other property of its residents.
(4) A residential facility shall keep complete and accurate records of all funds and other property of its residents received by the facility for safekeeping.
(5) Any funds or other property belonging to or due to a resident of a residential facility which are received by a residential facility shall be held in trust and shall be held separate from the funds and property of the facility and shall be used only for the account of the resident. Upon request, the facility shall furnish the resident a complete and certified statement of all funds or other property to which this section applies, detailing the amounts and items received, together with their sources and disposition.
(6) For the purposes of this section, ‘residential facility’ means a domiciliary care facility as defined by ORS § 443.205, a long term care facility as defined by ORS § 442.015, a residential facility as defined by ORS § 443.400, an adult foster home as defined by ORS § 443.705 and any residential facility required to be registered under ORS § 443.480 to 443.500. [1991 c.413 § 1; 1997 c.249 § 144]