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Oregon Revised Statutes

Or. Rev. Stat. § 125.485 (2026)

Liability of conservator

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      125.485 Liability of conservator. (1) A conservator is not personally liable on a contract entered into in the fiduciary capacity of the conservator in the course of administering the estate unless:

      (a) The contract specifically makes the conservator liable in a personal capacity; or

      (b) The conservator fails to reveal the representative capacity of the conservator and identity of the estate in the contract.

      (2) The conservator is personally liable for obligations arising from ownership, obligations arising out of control of property of the estate and torts committed in the course of administration of the estate only if the conservator is personally at fault.

      (3) Claims based on contracts entered into by a conservator in the fiduciary capacity of the conservator, on obligations arising from ownership or control of the estate or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the fiduciary capacity of the conservator, whether or not the conservator is personally liable.

      (4) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting or for indemnification, or in any other appropriate proceeding or action. [1995 c.664 §51]

Notes of Decisions
Cited in 2 cases, 2000–2014 · leading case: Checkley v. Boyd, 14 P.3d 81 (Or. Ct. App. 2000).
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Checkley v. Boyd, 14 P.3d 81 (Or. Ct. App. 2000). “225, in addition to civil liability, ORS 125.485. Indeed, at least in part due to thosé accusations, Wagner allegedly sought to have plaintiff removed as his guardian.”
Fuentes v. Tillett, 326 P.3d 1263 (Or. Ct. App. 2014). · cites it 2× “485(4) (authorizing the court to determine the liability of the conservator in any appropriate proceeding or action); *24 ORS 125.485(2) (providing that a conservator is personally liable for torts committed in the course of administration of the estate when the conservator is…”
Or. Rev. Stat. § 125.485(2): 1 case
Fuentes v. Tillett, 326 P.3d 1263 (Or. Ct. App. 2014). “485(4) (authorizing the court to determine the liability of the conservator in any appropriate proceeding or action); *24 ORS 125.485(2) (providing that a conservator is personally liable for torts committed in the course of administration of the estate when the conservator is…”
Or. Rev. Stat. § 125.485(4): 1 case
Fuentes v. Tillett, 326 P.3d 1263 (Or. Ct. App. 2014). “485(4) (authorizing the court to determine the liability of the conservator in any appropriate proceeding or action); *24 ORS 125.485(2) (providing that a conservator is personally liable for torts committed in the course of administration of the estate when the conservator is…”
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