Oregon Code § 125.440·Enacted ·Last updated March 01, 2026
Statute Text
Acts
conservator may perform only with court approval.
A conservator may perform the
following acts only with prior court approval:
(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]
Plain English Explanation
This Oregon statute addresses Acts
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 125.440
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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. Read the full statute text above for details.
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