125.230
Termination of fiduciary’s authority; discharge of fiduciary. (1) Except as provided in
subsection (3) of this section, a fiduciary’s authority terminates upon the
death, resignation or removal of the fiduciary or upon the protected person’s
death. If the fiduciary is a guardian appointed solely by reason of the
minority of the protected person, the fiduciary’s authority terminates upon the
protected person attaining 18 years of age.
(2) Resignation
or removal of a fiduciary does not discharge the fiduciary until a final report
or accounting has been approved by the court, any surety exonerated and the
fiduciary discharged by order of the court.
(3) A guardian
retains the authority to direct disposition of the remains of a deceased
protected person if the guardian is unaware of any contact during the 12-month
period immediately preceding the death of the protected person between the
protected person and any person with priority over the fiduciary to control
disposition of the remains under ORS 97.130 or to make an anatomical gift under
ORS 97.965. [1995 c.664 §25; 1997 c.472 §11; 2007 c.681 §26]
Notes of Decisions
Cited in
2
cases, 2008–2018 · leading case:
In re McGraw, 414 P.3d 841 (Or. 2018).
In re McGraw, 414 P.3d 841 (Or. 2018).
· cites it 4× “Specifically, he contends that, after Carol Saslow died, he had a legal duty under ORS 125.230 to continue to administer the estate until a final accounting has been approved and he, as the fiduciary, was discharged *854 by the court.”
Helmig v. Farley, Piazza & Assocs., 180 P.3d 749 (Or. Ct. App. 2008).
· cites it 2× “Although the death of a protected person terminates the authority of the conservator to act as a fiduciary, ORS 125.230(1), the conservator still has responsibilities under the statutes to pay claims against the estate, ORS 125.”
— Or. Rev. Stat. § 125.230(1) — 2 cases
In re McGraw, 414 P.3d 841 (Or. 2018).
“Specifically, he contends that, after Carol Saslow died, he had a legal duty under ORS 125.230 to continue to administer the estate until a final accounting has been approved and he, as the fiduciary, was discharged *854 by the court.”
Helmig v. Farley, Piazza & Assocs., 180 P.3d 749 (Or. Ct. App. 2008).
“Although the death of a protected person terminates the authority of the conservator to act as a fiduciary, ORS 125.230(1), the conservator still has responsibilities under the statutes to pay claims against the estate, ORS 125.”
— Or. Rev. Stat. § 125.230(2) — 2 cases
In re McGraw, 414 P.3d 841 (Or. 2018).
“Specifically, he contends that, after Carol Saslow died, he had a legal duty under ORS 125.230 to continue to administer the estate until a final accounting has been approved and he, as the fiduciary, was discharged *854 by the court.”
Helmig v. Farley, Piazza & Assocs., 180 P.3d 749 (Or. Ct. App. 2008).
“Although the death of a protected person terminates the authority of the conservator to act as a fiduciary, ORS 125.230(1), the conservator still has responsibilities under the statutes to pay claims against the estate, ORS 125.”
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