ORS 125.445
Acts authorized to be performed without prior court approval

Text
Annotations 4

A conservator may perform the following acts without prior court authorization or confirmation if the conservator is acting reasonably to accomplish the purposes for which the conservator was appointed:

(1)

Collect, hold and retain assets of the estate including land wherever situated, until, in the judgment of the conservator, disposition of the assets should be made. Assets of the estate may be retained even though those assets include property in which the conservator is personally interested.

(2)

Receive additions to the estate.

(3)

Continue or participate in the operation of any business or other enterprise.

(4)

Acquire an undivided interest in an estate asset in which the conservator, in any fiduciary capacity, holds an undivided interest.

(5)

Invest and reinvest estate assets and funds in the same manner as a trustee may invest and reinvest.

(6)

Deposit estate funds in a bank including a bank operated by the conservator.

(7)

Except as limited in ORS 125.430 (Sale of protected person’s residence), acquire or dispose of an estate asset including real property wherever situated for cash or on credit, at public or private sale.

(8)

Manage, develop, improve, exchange, partition, change the character of or abandon an estate asset in connection with the exercise of any power vested in the conservator.

(9)

Make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, or raze existing or erect new party walls or buildings.

(10)

Subdivide, develop or dedicate land to public use, make or obtain the vacation of plats and adjust boundaries, adjust differences in valuation on exchange or partition by giving or receiving considerations, and dedicate easements to public use without consideration.

(11)

Enter for any purpose into a lease as lessor or lessee with or without option to purchase or renew for a term within or extending beyond the term of the conservatorship.

(12)

Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.

(13)

Grant an option involving disposition of an estate asset or take an option for acquisition of any asset.

(14)

Vote a security, in person or by general or limited proxy.

(15)

Pay calls, assessments and any other sums chargeable or accruing against or on account of securities.

(16)

Sell or exercise stock subscription or conversion rights, or consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprise.

(17)

Hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery. The conservator is liable for any act of the nominee in connection with the stock so held.

(18)

Insure the assets of the estate against damage or loss, and the conservator against liability with respect to third persons.

(19)

Borrow money to be repaid from estate assets or otherwise and mortgage or pledge property of the protected person as security therefor.

(20)

Advance money for the protection of the estate or the protected person, and for all expenses, losses and liability sustained in the administration of the estate or because of the holding or ownership of any estate assets. The conservator has a lien on the estate as against the protected person for advances so made.

(21)

Pay or contest any claim, settle a claim by or against the estate or the protected person by compromise, arbitration or otherwise, and release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible.

(22)

Pay taxes, assessments, compensation of the conservator and other expenses incurred in the collection, care, administration and protection of the estate.

(23)

Allocate items of income or expense to either income or principal, including creation of reserves out of income for depreciation, obsolescence or amortization, or for depletion in mineral or timber properties.

(24)

Pay any sum distributable to a protected person or a dependent of a protected person by paying the sum to the protected person or the dependent, or by paying the sum either to a guardian, custodian under ORS 126.700 (Payment or delivery for benefit of minor), or conservator of the protected person or, if none, to a relative or other person with custody of the protected person.

(25)

Employ persons, including attorneys, auditors, investment advisers or agents, even though they are associated with the conservator, to advise or assist the conservator in the performance of administrative duties, acting upon their recommendation without independent investigation, and instead of acting personally, employing one or more agents to perform any act of administration, whether or not discretionary, except that payment to the conservator’s attorney of record is subject to the provisions of ORS 125.095 (Fees, costs and disbursements payable in protective proceedings).

(26)

Prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of estate assets and of the conservator in the performance of duties.

(27)

Prosecute claims of the protected person including those for the personal injury of the protected person.

(28)

Execute and deliver all instruments that will accomplish or facilitate the exercise of the powers vested in the conservator. [1995 c.664 §43]

Source: Section 125.445 — Acts authorized to be performed without prior court approval, https://www.oregonlegislature.gov/bills_laws/ors/ors125.html.

Notes of Decisions

Under former similar statute (ORS 126.313)

Authority to make ordinary or extraordinary repairs and alterations to property does not authorize unreasonable making of permanent improvements to property. Willbanks v. Mars, 37 Or App 795, 588 P2d 118 (1978), Sup Ct review denied

Since this section specifically authorizes conservators to enter into binding agreements to settle personal injury claims without court approval, parties were not required to follow local court rule requiring such approval. Hansen v. Bussman, 287 Or 527, 601 P2d 794 (1979)

In general

Transfer of funds to trust fund for purposes of paying for services for protected person does not constitute payment by conservator to attorney or other person if protected person retains legal right to request return of funds. Dorszynski v. Department of Human Services, 238 Or App 285, 242 P3d 657 (2010)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 125.445 Acts authorized to be performed without prior court approval

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)