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ORS 125.485

Known as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

The act spans §§ 125–125 (119 sections).

Applied in 2 court decisions — leading case 170 Or. App. 721 - Checkley v. Boyd (2000)

Most recently applied in 263 Or. App. 9 - Fuentes v. Tillett (May 2014)

1995 c.664 §51

(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.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.