Protective Proceedings

ORS 125.225
Removal of fiduciary


(1)

A court shall remove a fiduciary whenever that removal is in the best interests of the protected person.

(2)

In addition to any other grounds, the court may remove a conservator if the conservator fails to use good business judgment and diligence in the management of the estate under the control of the conservator. The court may apply a higher standard of care to a conservator who claims to have greater than ordinary skill or expertise.

(3)

In addition to any other grounds, the court may remove a guardian if the court determines the guardian:

(a)

Unreasonably limits the protected person’s associations under ORS 125.323 (Limits on association);

(b)

Fails to perform the guardian’s duties required under ORS 125.315 (General powers and duties of guardian) (1)(g) to (i); or

(c)

Changes the abode of the adult protected person or places the protected person in a mental health treatment facility, a nursing home or other residential facility and:

(A)

Failed to disclose in the petition for appointment that the guardian intended to make the placement; or

(B)

Failed to comply with ORS 125.320 (Limitations on guardian) (3) before making the placement.

(4)

On termination of the authority of a fiduciary, an interim fiduciary may be appointed by the court to serve for a period not to exceed 60 days. An interim fiduciary under this subsection may be appointed by the court without the appointment of a visitor, additional notices or any other additional procedure, except as may be determined necessary by the court.

(5)

Upon termination of the authority of a fiduciary, the court may appoint a successor fiduciary. A petition for appointment as successor fiduciary must be filed in the same manner as provided for an original petition, and is subject to all provisions applicable to an original petition for the appointment of a fiduciary. No filing fee shall be charged or collected for the filing of a petition for the appointment of a successor fiduciary. [1995 c.664 §24; 2017 c.391 §4; 2019 c.198 §4]

Source

Last accessed
Jun. 26, 2021