179.610
Definitions for ORS 179.610 to 179.770. As used in ORS 179.610 to 179.770, unless the context
requires otherwise:
(1) “Authorized
representative” means an individual or entity appointed under authority of ORS
chapter 125, as guardian or conservator of a person, who has the ability to
control the person’s finances, and any other individual or entity holding funds
or receiving benefits or income on behalf of any person.
(2) “Care” means
all services rendered to a patient by the state institutions as described in
ORS 179.321 or by the Eastern Oregon Training Center. These services include,
but are not limited to, such items as medical care, room, board, administrative
costs and other costs not otherwise excluded by law.
(3) “Decedent’s
estate” has the meaning given “estate” in ORS 111.005.
(4) “Person,” “person
in a state institution” or “person at a state institution,” or any similar
phrase, means an individual who is or has been at a state institution described
in ORS 179.321 or in the Eastern Oregon Training Center.
(5) “Personal
estate” means all income and benefits as well as all assets, including all
personal and real property of a living person, and includes assets held by the
person’s authorized representative and all other assets held by any other
individual or entity holding funds or receiving benefits or income on behalf of
any person. [Subsections (1) and (2) enacted as 1959 c.652 §1; subsection (3)
enacted as 1959 c.652 §3 (2); 1969 c.597 §43; 1971 c.411 §2; 1973 c.546 §1;
1973 c.806 §1; 1977 c.384 §4; 1989 c.348 §1; 1995 c.664 §89; 2001 c.487 §1;
2003 c.14 §77; 2009 c.595 §147; 2013 c.36 §57; 2016 c.42 §19]
Notes of Decisions
Fredenburg v. Mental Health Div., 807 P.2d 812 (Or. Ct. App. 1991).
· cites it 4× “701 for care and maintenance according to the person’s ability to pay determined as provided in ORS 179.610 to 179.770. “(3) Upon the death of any person who is or has been a person at a state institution, the estate of the person shall be liable for the cost of care and…”
State v. Haynes, 942 P.2d 295 (Or. Ct. App. 1997).
“770(3) (“ ‘rule’ means any directive, standard or statement of general application * * * and includes amendment or repeal of a prior rule”); ORS 179.610(6) (“ ‘[p]ersonal estate’ means all income and benefits as well as all assets * * * of a living person, and includes assets…”
McCauley v. Dep't of Revenue, 566 P.2d 537 (Or. Ct. App. 1977).
· cites it 3× “701 for care and maintenance according to his ability to pay determined as provided in ORS 179.610 to 179.770. "(3) Upon the death of any person who is or has been a person at a state institution, his estate shall not be liable for the cost of care and maintenance of the person…”
Owens v. Heisel, 679 P.2d 331 (Or. Ct. App. 1984).
“701 for care and maintenance according to the person’s ability to pay determined as provided in ORS 179.610 to 179.770. “(3) Upon the death of any person who is or has been a person at a state institution, the estate of the person shall be liable for the cost of care and…”
State ex rel. Dep't of Revenue v. Parker, 521 P.2d 38 (Or. Ct. App. 1974).
“"* * * * *" Prior to the filing of this proceeding in January 1973, defendant had made but two $50 payments and had refused to furnish financial information necessary to enable the Department of Revenue (ORS 179.610 (1)) to make a determination of what, if anything, the parents…”
— Or. Rev. Stat. § 179.610(2) — 1 case
Fredenburg v. Mental Health Div., 807 P.2d 812 (Or. Ct. App. 1991).
“701 for care and maintenance according to the person’s ability to pay determined as provided in ORS 179.610 to 179.770. “(3) Upon the death of any person who is or has been a person at a state institution, the estate of the person shall be liable for the cost of care and…”
— Or. Rev. Stat. § 179.610(2)(a) — 1 case
Fredenburg v. Mental Health Div., 807 P.2d 812 (Or. Ct. App. 1991).
“701 for care and maintenance according to the person’s ability to pay determined as provided in ORS 179.610 to 179.770. “(3) Upon the death of any person who is or has been a person at a state institution, the estate of the person shall be liable for the cost of care and…”
— Or. Rev. Stat. § 179.610(3) — 1 case
McCauley v. Dep't of Revenue, 566 P.2d 537 (Or. Ct. App. 1977).
“701 for care and maintenance according to his ability to pay determined as provided in ORS 179.610 to 179.770. "(3) Upon the death of any person who is or has been a person at a state institution, his estate shall not be liable for the cost of care and maintenance of the person…”
— Or. Rev. Stat. § 179.610(6) — 1 case
State v. Haynes, 942 P.2d 295 (Or. Ct. App. 1997).
“770(3) (“ ‘rule’ means any directive, standard or statement of general application * * * and includes amendment or repeal of a prior rule”); ORS 179.610(6) (“ ‘[p]ersonal estate’ means all income and benefits as well as all assets * * * of a living person, and includes assets…”
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