Abuse Prevention and Reporting

ORS 124.110
Financial abuse subject to action


(1)

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

(a)

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.

(b)

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:

(A)

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

(B)

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.

(c)

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).

(2)

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]

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)

Law Review Citations

52 WLR 325 (2016)


Source

Last accessed
Jun. 26, 2021