2011 ORS § 125.230¹
Termination of fiduciarys authority
  • discharge of fiduciary

(1) Except as provided in subsection (3) of this section, a fiduciarys authority terminates upon the death, resignation or removal of the fiduciary or upon the protected persons death. If the fiduciary is a guardian appointed solely by reason of the minority of the protected person, the fiduciarys authority terminates upon the protected person attaining 18 years of age.

(2) Resignation or removal of a fiduciary does not discharge the fiduciary until a final report or accounting has been approved by the court, any surety exonerated and the fiduciary discharged by order of the court.

(3) A guardian retains the authority to direct disposition of the remains of a deceased protected person if the guardian is unaware of any contact during the 12-month period immediately preceding the death of the protected person between the protected person and any person with priority over the fiduciary to control disposition of the remains under ORS 97.130 (Right to control disposition of remains) or to make an anatomical gift under ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent). [1995 c.664 §25; 1997 c.472 §11; 2007 c.681 §26]