(1) A person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action belonging to a protected person, may make payment or delivery to a conservator, guardian or other fiduciary appointed by a court of the state where the protected person resides, upon being presented with proof of appointment and an affidavit made by the fiduciary stating that:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Oregon Statutes 125.540

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Conservator: means a person appointed as a conservator under the provisions of this chapter. See Oregon Statutes 125.005
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter. See Oregon Statutes 125.005
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Protected person: means a person for whom a protective order has been entered. See Oregon Statutes 125.005
  • Protective proceeding: means a proceeding under this chapter. See Oregon Statutes 125.005

(a) A protective proceeding relating to the protected person is not pending in this state; and

(b) The fiduciary is entitled to payment or to receive delivery.

(2) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor. [1995 c.664 § 62]

 

TEMPORARY FIDUCIARIES