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]
Note: Section 31, chapter 212, Oregon Laws 2011, provides:
Sec. 31. Sections 19 to 21 of this 2011 Act [93.981 (Effect of divorce or annulment on transfer on death deed) to 93.985 (Forfeiture of transfer by parent who deserted or neglected transferor)] and the amendments to ORS 86.740 [renumbered 86.764 (Notice of sale for certain persons)], 93.030 (Contracts to convey, instruments of conveyance and related memoranda to state consideration), 93.040 (Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property), 107.115 (Effect of judgment), 112.465 (Slayer or abuser considered to predecease decedent), 112.570 (Definitions for ORS 112.570 to 112.590) and 125.440 (Acts conservator may perform only with court approval) by sections 22 to 28 of this 2011 Act apply to a transfer on death deed made before, on or after the effective date of this 2011 Act [January 1, 2012] by a transferor dying on or after the effective date of this 2011 Act. [2011 c.212 §31]
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.