Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 124.110

Financial abuse subject to action

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      124.110 Financial abuse subject to action. (1) An action may be brought under ORS 124.100 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.

      (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
Cited in 54 cases (35 in the last 5 years), 1999–2026 · leading case: Adelsperger v. Elkside Development LLC
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Adelsperger v. Elkside Development LLC (2022) orctapp · cites it 28× “100(4) provides for an action “for financial abuse described in ORS 124.110.” ORS 124.110(1) in turn provides that “[a]n action may be brought under ORS 124.”
Adelsperger v. Elkside Development LLC (2025) or · cites it 50× “100(4) (providing for an action “for financial abuse described in ORS 124.110”). As pertinent, ORS 124.110(1) provides that an action for financial abuse may be brought in the following circumstances: “(a) When a person wrongfully takes or appropriates money or property of a…”
Goldingay v. Progressive Cas. Ins. Co. (2018) ord · cites it 22× “255 (strict liability for remedial action costs for injury of natural resource) and ORS § 124.110 (financial elder abuse). Plaintiffs seek money damages up to $10,000 for Goldingay and up to $10,000 for Otis.”
Church v. Woods (2003) orctapp · cites it 8× “In a third claim, plaintiff alleged that defendant procured the transfers through financial abuse within the meaning of ORS 124.110. 1 Plaintiff sought attorney fees and a conservator fee on that claim under ORS 124.”
Hoffart v. Wiggins (2009) orctapp · cites it 12× “Plaintiffs appeal after the trial court granted summary judgment on their claim for financial abuse of a vulnerable person under ORS 124.110. We reverse and remand. According to plaintiffs, they entrusted monies to defendants on different occasions beginning in 1982 so that…”
Gibson v. Bankofier (2015) orctapp · cites it 9× “100(2), because there was no evidence in the summary judgment record that defendants wrongfully took or appropriated Gibson’s money or property under ORS 124.110 (1)(a). The court further concluded that the negligence claim did not lie, because plaintiff failed to establish that…”
Schmidt v. Noonkester (2017) orctapp · cites it 9× “100, ORS 124.110, 1 alleging, among other things, that plaintiffs’ litigation against her was unfounded.”
Neel v. Lee (2021) orctapp · cites it 9× “The final language of section 551 is appropriate in light of the final language of ORS 124.110 (1)(a). Under that statute, a person may be liable for finan- cial abuse “[w]hen a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to…”
State v. Browning (2016) orctapp · cites it 4× “Woods, 190 Or App 112, 117-18 , 77 P3d 1150 (2003), we used one of those definitions when interpreting the meaning of “take” for the purposes of ORS 124.110, which provides that a civil action for financial abuse may be brought against a person who “wrongfully takes or…”
Bates v. Bankers Life & Casualty Co. (2014) ord · cites it 4× ““A claim is stated under [Section 124.110(1)(b) ] when it is alleged that (1) the vulnerable person requests that another person transfer money to the vulnerable person; (2) the money requested to be transferred belongs to the vulnerable person; (3) the other person continues to…”
Adelsperger v. Elkside Development LLC (2023) or · cites it 3× “” Plaintiffs’ fourth claim for relief alleged a statutory elder abuse claim, asserting that both the Barnetts individ- ually, as well as Barnett Resorts, LLC, had a “responsibil- ity to honor the membership campground contracts of the Elderly Plaintiffs” and had “acquired a…”
Swango v. Nationstar Sub1, LLC (2018) ord · cites it 4× “Claim Eight-Financial Abuse of an Elderly Person In Claim Eight Plaintiff alleges MetLife violated Oregon Revised Statute § 124.110 when it induced Plaintiff to enter into the reverse-mortgage loan, misled Plaintiff as to the maximum principal amount of the loan, and issued a…”
Show all 54 citing cases →
— Or. Rev. Stat. § 124.110(1) — 14 cases
Adelsperger v. Elkside Development LLC (2022) orctapp “100(4) provides for an action “for financial abuse described in ORS 124.110.” ORS 124.110(1) in turn provides that “[a]n action may be brought under ORS 124.”
Adelsperger v. Elkside Development LLC (2025) or “100(4) (providing for an action “for financial abuse described in ORS 124.110”). As pertinent, ORS 124.110(1) provides that an action for financial abuse may be brought in the following circumstances: “(a) When a person wrongfully takes or appropriates money or property of a…”
Hoffart v. Wiggins (2009) orctapp “Plaintiffs appeal after the trial court granted summary judgment on their claim for financial abuse of a vulnerable person under ORS 124.110. We reverse and remand. According to plaintiffs, they entrusted monies to defendants on different occasions beginning in 1982 so that…”
Gibson v. Bankofier (2015) orctapp “100(2), because there was no evidence in the summary judgment record that defendants wrongfully took or appropriated Gibson’s money or property under ORS 124.110 (1)(a). The court further concluded that the negligence claim did not lie, because plaintiff failed to establish that…”
Schmidt v. Noonkester (2017) orctapp “100, ORS 124.110, 1 alleging, among other things, that plaintiffs’ litigation against her was unfounded.”
— Or. Rev. Stat. § 124.110(1)(a) — 26 cases
Adelsperger v. Elkside Development LLC (2025) or “100(4) (providing for an action “for financial abuse described in ORS 124.110”). As pertinent, ORS 124.110(1) provides that an action for financial abuse may be brought in the following circumstances: “(a) When a person wrongfully takes or appropriates money or property of a…”
Gibson v. Bankofier (2015) orctapp “100(2), because there was no evidence in the summary judgment record that defendants wrongfully took or appropriated Gibson’s money or property under ORS 124.110 (1)(a). The court further concluded that the negligence claim did not lie, because plaintiff failed to establish that…”
Neel v. Lee (2021) orctapp “The final language of section 551 is appropriate in light of the final language of ORS 124.110 (1)(a). Under that statute, a person may be liable for finan- cial abuse “[w]hen a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to…”
Goldingay v. Progressive Cas. Ins. Co. (2018) ord “255 (strict liability for remedial action costs for injury of natural resource) and ORS § 124.110 (financial elder abuse). Plaintiffs seek money damages up to $10,000 for Goldingay and up to $10,000 for Otis.”
Adelsperger v. Elkside Development LLC (2022) orctapp “100(4) provides for an action “for financial abuse described in ORS 124.110.” ORS 124.110(1) in turn provides that “[a]n action may be brought under ORS 124.”
— Or. Rev. Stat. § 124.110(1)(b) — 12 cases
Adelsperger v. Elkside Development LLC (2022) orctapp “100(4) provides for an action “for financial abuse described in ORS 124.110.” ORS 124.110(1) in turn provides that “[a]n action may be brought under ORS 124.”
Bates v. Bankers Life & Casualty Co. (2014) ord ““A claim is stated under [Section 124.110(1)(b) ] when it is alleged that (1) the vulnerable person requests that another person transfer money to the vulnerable person; (2) the money requested to be transferred belongs to the vulnerable person; (3) the other person continues to…”
Adelsperger v. Elkside Development LLC (2025) or “100(4) (providing for an action “for financial abuse described in ORS 124.110”). As pertinent, ORS 124.110(1) provides that an action for financial abuse may be brought in the following circumstances: “(a) When a person wrongfully takes or appropriates money or property of a…”
Goldingay v. Progressive Cas. Ins. Co. (2018) ord “255 (strict liability for remedial action costs for injury of natural resource) and ORS § 124.110 (financial elder abuse). Plaintiffs seek money damages up to $10,000 for Goldingay and up to $10,000 for Otis.”
Griffin Greek Partners, LLC v. Gearin (2025) orctapp
— Or. Rev. Stat. § 124.110(1)(b)(A) — 4 cases
Adelsperger v. Elkside Development LLC (2022) orctapp “100(4) provides for an action “for financial abuse described in ORS 124.110.” ORS 124.110(1) in turn provides that “[a]n action may be brought under ORS 124.”
Bates v. Bankers Life and Casualty Co. (2018) or
Bates v. Bankers Life and Casualty Co. (2018) or
Bates v. Bankers Life and Casualty Co. (2018) or
— Or. Rev. Stat. § 124.110(1)(b)(B) — 5 cases
Adelsperger v. Elkside Development LLC (2022) orctapp “100(4) provides for an action “for financial abuse described in ORS 124.110.” ORS 124.110(1) in turn provides that “[a]n action may be brought under ORS 124.”
Bates v. Bankers Life and Casualty Co. (2018) or
Bates v. Bankers Life and Casualty Co. (2018) or
Bates v. Bankers Life and Casualty Co. (2018) or
Wolf v. Quiroz (2021) orb
— Or. Rev. Stat. § 124.110(1)(c) — 3 cases
Bates v. Bankers Life and Casualty Co. (2018) or
Bates v. Bankers Life and Casualty Co. (2018) or
Bates v. Bankers Life and Casualty Co. (2018) or
— Or. Rev. Stat. § 124.110(2) — 1 case
Bates v. Bankers Life & Casualty Co. (2014) ord ““A claim is stated under [Section 124.110(1)(b) ] when it is alleged that (1) the vulnerable person requests that another person transfer money to the vulnerable person; (2) the money requested to be transferred belongs to the vulnerable person; (3) the other person continues to…”
— Or. Rev. Stat. § 124.110(a) — 2 cases
Adelsperger v. Elkside Development LLC (2022) orctapp “100(4) provides for an action “for financial abuse described in ORS 124.110.” ORS 124.110(1) in turn provides that “[a]n action may be brought under ORS 124.”
Lake v. Esposito (2025) ord
— Or. Rev. Stat. § 124.110(b) — 2 cases
Adelsperger v. Elkside Development LLC (2022) orctapp “100(4) provides for an action “for financial abuse described in ORS 124.110.” ORS 124.110(1) in turn provides that “[a]n action may be brought under ORS 124.”
Lake v. Esposito (2025) ord
— Or. Rev. Stat. § 124.110(l)(a) — 5 cases
Church v. Woods (2003) orctapp “In a third claim, plaintiff alleged that defendant procured the transfers through financial abuse within the meaning of ORS 124.110. 1 Plaintiff sought attorney fees and a conservator fee on that claim under ORS 124.”
Schmidt v. Noonkester (2017) orctapp “100, ORS 124.110, 1 alleging, among other things, that plaintiffs’ litigation against her was unfounded.”
Hoffart v. Wiggins (2009) orctapp “Plaintiffs appeal after the trial court granted summary judgment on their claim for financial abuse of a vulnerable person under ORS 124.110. We reverse and remand. According to plaintiffs, they entrusted monies to defendants on different occasions beginning in 1982 so that…”
Cruze v. Hudler (2011) orctapp
White v. McCabe (1999) orctapp
— Or. Rev. Stat. § 124.110(l)(b) — 1 case
Hoffart v. Wiggins (2009) orctapp “Plaintiffs appeal after the trial court granted summary judgment on their claim for financial abuse of a vulnerable person under ORS 124.110. We reverse and remand. According to plaintiffs, they entrusted monies to defendants on different occasions beginning in 1982 so that…”
— Or. Rev. Stat. § 124.110(l)(b)(A) — 1 case
Hoffart v. Wiggins (2009) orctapp “Plaintiffs appeal after the trial court granted summary judgment on their claim for financial abuse of a vulnerable person under ORS 124.110. We reverse and remand. According to plaintiffs, they entrusted monies to defendants on different occasions beginning in 1982 so that…”
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