Oregon Revised Statutes

Or. Rev. Stat. § 411.795 (2026)

Claim against estate of deceased recipient of general assistance

✓ current as of May 2026

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411.795 Claim against estate of deceased recipient of general assistance. (1) The amount of any general assistance paid under ORS chapter 411 is a claim against the property or any interest therein belonging to and a part of the estate of any deceased recipient or if there be no estate or the estate does not have sufficient assets to satisfy the claim, the estate of the surviving spouse shall be charged for such aid paid to either or both; provided, however, that there shall be no adjustment or recovery of any general assistance correctly paid to or on behalf of any individual under ORS chapter 411 except after the death of such individual and the surviving spouse of the individual, if any, and only at a time when the individual has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.

(2) Except where there is a surviving spouse, or a surviving child who is under 21 years of age or is blind or permanently and totally disabled, the amount of any general assistance paid under ORS chapter 411 is a claim against the estate in any conservatorship proceedings and may be paid pursuant to ORS 125.495.

(3) This section does not authorize the recovery of the amount of any aid from the estate or the surviving spouse of a recipient to the extent that the need for aid resulted from a crime committed against the recipient.

(4) This section does not create a claim against the property or interests of a recipient of general assistance provided under ORS 411.752. [1971 c.422 §1; 1975 c.386 §1; 1985 c.522 §1; 1995 c.664 §91; 2005 c.754 §2; 2013 c.688 §60; 2016 c.93 §7]

Note: 411.795 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 411 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

411.800 [1980 c.18 §1; 1983 c.2 §2; 1985 c.255 §1; 1985 c.819 §1; 1987 c.71 §1; 1989 c.1001 §1; 1991 c.39 §1; 1993 c.11 §1; 1995 c.148 §1; repealed by 1997 c.581 §48]

SPOUSAL CARE

Notes of Decisions

Cited in 3 cases, 1987–2009 · leading case: State ex rel. Dep't of Human Servs. v. Broyles, 208 P.3d 519 (Or. Ct. App. 2009).

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State ex rel. Dep't of Human Servs. v. Broyles, 208 P.3d 519 (Or. Ct. App. 2009). · cites it 5× “105(2) and ORS 411.795 1 to recover $80,113.95 in medical assistance payments that it made to Broyles between 1972 and 1991.”

State Ex Rel. Dept. of Hs v. Broyles, 208 P.3d 519 (Or. Ct. App. 2009). · cites it 5× “105(2) and ORS 411.795 [1] to recover $80,113.95 in medical assistance payments that it made to Broyles between 1972 and 1991.”

Farmers Ins. v. Wickham, 739 P.2d 30 (Or. Ct. App. 1987). · cites it 5× “010 and ORS 411.795. Because medical assistance is sometimes recoverable, the state argues that it is not one of the types of freely given governmental benefits contemplated by ORS 745.”

— Or. Rev. Stat. § 411.795(1) — 3 cases

State ex rel. Dep't of Human Servs. v. Broyles, 208 P.3d 519 (Or. Ct. App. 2009). “105(2) and ORS 411.795 1 to recover $80,113.95 in medical assistance payments that it made to Broyles between 1972 and 1991.”

State Ex Rel. Dept. of Hs v. Broyles, 208 P.3d 519 (Or. Ct. App. 2009). “105(2) and ORS 411.795 [1] to recover $80,113.95 in medical assistance payments that it made to Broyles between 1972 and 1991.”

Farmers Ins. v. Wickham, 739 P.2d 30 (Or. Ct. App. 1987). “010 and ORS 411.795. Because medical assistance is sometimes recoverable, the state argues that it is not one of the types of freely given governmental benefits contemplated by ORS 745.”

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