ORS 411.708
Recovery of supplemental income program assistance from certain estates; exceptions; certain transfers of property voidable


(1)

The amount of any assistance paid under ORS 411.706 (Oregon Supplemental Income Program) is a claim against the property or interest in the property belonging to and a part of the estate of any deceased recipient. If the deceased recipient has no estate, the estate of the surviving spouse of the deceased recipient, if any, shall be charged for assistance granted under ORS 411.706 (Oregon Supplemental Income Program) to the deceased recipient or the surviving spouse. There shall be no adjustment or recovery of assistance correctly paid on behalf of any deceased recipient under ORS 411.706 (Oregon Supplemental Income Program) except after the death of the surviving spouse of the deceased recipient, if any, and only at a time when the deceased recipient has no surviving child who is under 21 years of age or who is blind or has a disability. Transfers of real or personal property by recipients of assistance without adequate consideration are voidable and may be set aside under ORS 411.620 (Recovery of public assistance or medical assistance obtained or disposed of unlawfully) (2).

(2)

Except when there is a surviving spouse, or a surviving child who is under 21 years of age or who is blind or has a disability, the amount of any assistance paid under ORS 411.706 (Oregon Supplemental Income Program) is a claim against the estate in any conservatorship proceedings and may be paid pursuant to ORS 125.495 (Payment of claims against estate or protected person).

(3)

Nothing in this section authorizes the recovery of the amount of any assistance from the estate or surviving spouse of a recipient to the extent that the need for assistance resulted from a crime committed against the recipient. [Formerly 412.600; 2007 c.70 §189; 2007 c.486 §10; 2009 c.595 §263; 2009 c.867 §41; 2011 c.602 §35; 2011 c.720 §124a]
Chapter 411

Atty. Gen. Opinions

Public Welfare Division records showing cost of medical services to welfare recipients as public records, (1972) Vol 35, p 1143


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Last accessed
May. 15, 2020