ORS 124.110
Financial abuse subject to action


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


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.


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:


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


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.


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).


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]

Source: Section 124.110 — Financial abuse subject to action, https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html.

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)

Where plaintiff had contract expectancy that plaintiff would appear on deed with defendant, even without written agreement between parties, contract expectancy is property interest which, if wrongfully taken through misrepresentation by nondisclosure, could support claim for elder abuse under this section. Neel v. Lee, 316 Or App 159, 504 P3d 26 (2021)

Law Review Citations

52 WLR 325 (2016)

Definitions for ORS 124.005 to 124.040
Petition for relief
Filing of petitions
Hearing upon request of respondent
Ex parte hearing
Service of restraining order by sheriff
Notice to be given by guardian petitioner
Removal of personal effects
Proof of service of restraining order to be delivered to sheriff
Renewal of restraining order
Short title
Definitions for ORS 124.050 to 124.095
Duty of officials to report
Method of reporting
Duty to investigate
Deadline to complete abuse investigation
Required disclosure of protected health information to law enforcement agency
Training for abuse investigators
Immunity of person making report in good faith
Immunity for disclosure to prospective employer
Photographing of victim
Catalog of abuse records
Policies and guidelines to plan for development and standardization of certain resources and technologies
Certain privileges not grounds for excluding evidence in court proceedings
Confidentiality of records
Spiritual treatment not abuse
Definitions for ORS 124.100 to 124.140
Physical abuse subject to action
Financial abuse subject to action
Persons not subject to action
Relief available
Action by Attorney General, Department of Human Services, other agency or district attorney
Statute of limitation
Remedies not exclusive
Estoppel based on criminal conviction
Criminal penalty
Green check means up to date. Up to date