2015 ORS 125.205¹
Persons not qualified to act as fiduciary

(1) A person is not qualified to serve as a fiduciary if the person:

(a) Is incapacitated, financially incapable or a minor;

(b) Is acting as a health care provider, as defined in ORS 127.505 (Definitions for ORS 127.505 to 127.660), for the protected person; or

(c) Is the protected persons parent or former guardian and:

(A) At any time while the protected person was under the care, custody or control of the person, a court entered an order:

(i) Taking the protected person into protective custody under ORS 419B.150 (When protective custody authorized); or

(ii) Committing the protected person to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337 (Commitment to custody of Department of Human Services); and

(B) The court entered a subsequent order that:

(i) The protected person should be permanently removed from the persons home, or continued in substitute care, because it was not safe for the protected person to be returned to the persons home, and no subsequent order of the court was entered that permitted the protected person to return to the persons home before the protected persons wardship was terminated under ORS 419B.328 (Ward of the court); or

(ii) Terminated the persons parental rights under ORS 419B.500 (Termination of parental rights generally) and 419B.502 (Termination upon finding of extreme conduct) to 419B.524 (Effect of termination order).

(2) A protected person, while not incapacitated, may petition the court to remove a prohibition contained in subsection (1)(c) of this section. [1995 c.664 §20; 2011 c.194 §1]


1 Legislative Counsel Committee, CHAPTER 125—Protective Proceedings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors125.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.