ORS 124.110¹
Financial abuse subject to action

(1) An action may be brought under ORS 124.100 (Definitions for ORS 124.100 to 124.140) for financial abuse in the following circumstances:

(a) When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property has a fiduciary relationship with the vulnerable person.

(b) When a vulnerable person requests that another person transfer to the vulnerable person any money or property that the other person holds or controls and that belongs to or is held in express trust, constructive trust or resulting trust for the vulnerable person, and the other person, without good cause, either continues to hold the money or property or fails to take reasonable steps to make the money or property readily available to the vulnerable person when:

(A) The ownership or control of the money or property was acquired in whole or in part by the other person or someone acting in concert with the other person from the vulnerable person; and

(B) The other person acts in bad faith, or knew or should have known of the right of the vulnerable person to have the money or property transferred as requested or otherwise made available to the vulnerable person.

(c) When a person has at any time engaged in conduct constituting a violation of a restraining order regarding sweepstakes that was issued under ORS 124.020 (Ex parte hearing).

(2) A transfer of money or property that is made for the purpose of qualifying a vulnerable person for Medicaid benefits or for any other state or federal assistance program, or the holding and exercise of control over money or property after such a transfer, does not constitute a wrongful taking or appropriation under subsection (1)(a) of this section or the holding of money or property without good cause for the purposes of subsection (1)(b) of this section. [1995 c.671 §3; 1999 c.305 §2; 1999 c.875 §8; 2005 c.386 §3]

Notes of Decisions

Taking is “wrongful” if carried out in pursuit of improper motive or by improper means. Church v. Woods, 190 Or App 112, 77 P3d 1150 (2003)

“Unfounded litiga­tion” as predicate for elder abuse claim under this sec­tion can satisfy, at most, “wrongful con­duct” ele­ment; noneconomic effects suffered as result of litiga­tion do not prove taking of money or prop­erty belonging to elderly per­son as re­quired under this sec­tion. Schmidt v. Noonkester, 287 Or App 48, 401 P3d 266 (2017)

Plaintiff’s contractual rights to benefits under insurance policies received in exchange for premiums does not constitute same “money or prop­erty” that insurance company acquired from plaintiffs in form of premium pay­ments; thus, allega­tions that insurance company, in bad faith, delayed processing of claims and failed to pay benefits owed to vulnerable per­sons under insurance contract do not state claim for wrongful with­hold­ing of “money or prop­erty” under subsec­tion (1)(b) of this sec­tion. Bates v. Bankers Life and Casualty Co., 362 Or 337, 408 P3d 1081 (2018)

Law Review Cita­tions

52 WLR 325 (2016)

1 Legislative Counsel Committee, CHAPTER 124—Abuse Prevention and Reporting; Civil Action for Abuse, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors124.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 124, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano124.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information