Abuse Prevention and Reporting

ORS 124.100
Definitions for ORS 124

(1)

As used in ORS 124.100 (Definitions for ORS 124) to 124.140 (Estoppel based on criminal conviction):

(a)

“Elderly person” means a person 65 years of age or older.

(b)

“Financially incapable” has the meaning given that term in ORS 125.005 (Definitions).

(c)

“Incapacitated” has the meaning given that term in ORS 125.005 (Definitions).

(d)

“Person with a disability” means a person with a physical or mental impairment that:

(A)

Is likely to continue without substantial improvement for no fewer than 12 months or to result in death; and

(B)

Prevents performance of substantially all the ordinary duties of occupations in which an individual not having the physical or mental impairment is capable of engaging, having due regard to the training, experience and circumstances of the person with the physical or mental impairment.

(e)

“Vulnerable person” means:

(A)

An elderly person;

(B)

A financially incapable person;

(C)

An incapacitated person; or

(D)

A person with a disability who is susceptible to force, threat, duress, coercion, persuasion or physical or emotional injury because of the person’s physical or mental impairment.

(2)

A vulnerable person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage in physical or financial abuse. The court shall award the following to a plaintiff who prevails in an action under this section:

(a)

An amount equal to three times all economic damages, as defined in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict), resulting from the physical or financial abuse, or $500, whichever amount is greater.

(b)

An amount equal to three times all noneconomic damages, as defined in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict), resulting from the physical or financial abuse.

(c)

Reasonable attorney fees incurred by the plaintiff.

(d)

Reasonable fees for the services of a conservator or guardian ad litem incurred by reason of the litigation of a claim brought under this section.

(3)

An action may be brought under this section only by:

(a)

A vulnerable person;

(b)

A guardian, conservator or attorney-in-fact for a vulnerable person;

(c)

A personal representative for the estate of a decedent who was a vulnerable person at the time the cause of action arose; or

(d)

A trustee for a trust on behalf of the trustor or the spouse of the trustor who is a vulnerable person.

(4)

An action may be brought under this section only for physical abuse described in ORS 124.105 (Physical abuse subject to action) or for financial abuse described in ORS 124.110 (Financial abuse subject to action).

(5)

An action may be brought under this section against a person for permitting another person to engage in physical or financial abuse if the person knowingly acts or fails to act under circumstances in which a reasonable person should have known of the physical or financial abuse.

(6)

A person commencing an action under this section shall mail a copy of the complaint or other initial pleading to the Attorney General at the time the action commences. Failure to mail a copy of the complaint or pleading is not a jurisdictional defect and may be cured at any time prior to entry of judgment. A court may not enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may be by declaration or by return receipt of mailing. [1995 c.671 §1; 1997 c.249 §41; 1999 c.305 §1; 2001 c.843 §3; 2003 c.211 §1; 2005 c.87 §1; 2005 c.386 §1a; 2007 c.70 §30; 2015 c.568 §§2,5; 2019 c.345 §1; 2021 c.478 §8]

Notes of Decisions

Person is incapacitated if person’s ability to protect self is, while being abused, significantly impaired. Herring v. American Medical Response Northwest, 255 Or App 315, 297 P3d 9 (2013), Sup Ct review denied

Person may be incapacitated even if period of time during which impairment occurs does not last as long as period of time during which abuse occurs. Herring v. American Medical Response Northwest, 255 Or App 315, 297 P3d 9 (2013), Sup Ct review denied

Award for noneconomic damages under this provision may exceed limit imposed on award for noneconomic damages under ORS 31.710. Herring v. American Medical Response Northwest, 255 Or App 315, 297 P3d 9 (2013), Sup Ct review denied

Defendant is not required to have acted with certain mens reafor court to award noneconomic damages under this provision. Herring v. American Medical Response Northwest, 255 Or App 315, 297 P3d 9 (2013), Sup Ct review denied

Where defendant employer received multiple complaints from victims of sexual abuse committed by employer’s employee and defendant failed to take significant action to address issues and continued to employ employee in some capacity, defendant “knowingly” failed to act to prevent abuse under this section. Wyers v. American Medical Response Northwest, Incorporated, 268 Or App 232, 342 P3d 129 (2014), aff’d 360 Or 211, 377 P3d 570 (2016)

Where plaintiff failed to provide required statutory notice to Attorney General within 30 days after commencing claim for financial abuse of vulnerable person, notice requirement of this section was not met and mandatory dismissal without prejudice of plaintiff’s claim was appropriate. Bishop v. Waters, 280 Or App 537, 380 P3d 1114 (2016)

Financial abuse claim belongs to vulnerable person; other persons authorized to file financial abuse claim do so on behalf of vulnerable person. Tyler v. Whetzel, 301 Or App 504, 457 P3d 338 (2019), Sup Ct review denied

Trustee is authorized to initiate or maintain financial abuse claim on behalf of trustor only if trustor is vulnerable person who is living. Tyler v. Whetzel, 301 Or App 504, 457 P3d 338 (2019), Sup Ct review denied

Law Review Citations

52 WLR 325 (2016); 98 OLR 325 (2020)

Source

Last accessed
Mar. 11, 2023

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