Oregon Statutes 124.100 – Definitions for ORS 124.100 to 124.140; action authorized; relief; qualifications for bringing action; notice to Attorney General
(1) As used in ORS § 124.100 to 124.140:
Terms Used In Oregon Statutes 124.100
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- person with a disability: means any person who:
(a) Has a physical or mental impairment which substantially limits one or more major life activities;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment. See Oregon Statutes 174.107
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trustee: A person or institution holding and administering property in trust.
- Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
(a) ‘Elderly person‘ means a person 65 years of age or older.
(b) ‘Financially incapable’ has the meaning given that term in ORS § 125.005.
(c) ‘Incapacitated’ has the meaning given that term in ORS § 125.005.
(d) ‘Person with a disability’ means a person with a physical or mental impairment that:
(A) Is likely to continue without substantial improvement for no fewer than 12 months or to result in death; and
(B) Prevents performance of substantially all the ordinary duties of occupations in which an individual not having the physical or mental impairment is capable of engaging, having due regard to the training, experience and circumstances of the person with the physical or mental impairment.
(e) ‘Vulnerable person’ means:
(A) An elderly person;
(B) A financially incapable person;
(C) An incapacitated person; or
(D) A person with a disability who is susceptible to force, threat, duress, coercion, persuasion or physical or emotional injury because of the person’s physical or mental impairment.
(2) A vulnerable person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage in physical or financial abuse. The court shall award the following to a plaintiff who prevails in an action under this section:
(a) An amount equal to three times all economic damages, as defined in ORS § 31.705, resulting from the physical or financial abuse, or $500, whichever amount is greater.
(b) An amount equal to three times all noneconomic damages, as defined in ORS § 31.705, resulting from the physical or financial abuse.
(c) Reasonable attorney fees incurred by the plaintiff.
(d) Reasonable fees for the services of a conservator or guardian ad litem incurred by reason of the litigation of a claim brought under this section.
(3) An action may be brought under this section only by:
(a) A vulnerable person;
(b) A guardian, conservator or attorney-in-fact for a vulnerable person;
(c) A personal representative for the estate of a decedent who was a vulnerable person at the time the cause of action arose; or
(d) A trustee for a trust on behalf of the trustor or the spouse of the trustor who is a vulnerable person.
(4) An action may be brought under this section only for physical abuse described in ORS § 124.105 or for financial abuse described in ORS § 124.110.
(5) An action may be brought under this section against a person for permitting another person to engage in physical or financial abuse if the person knowingly acts or fails to act under circumstances in which a reasonable person should have known of the physical or financial abuse.
(6) A person commencing an action under this section shall mail a copy of the complaint or other initial pleading to the Attorney General at the time the action commences. Failure to mail a copy of the complaint or pleading is not a jurisdictional defect and may be cured at any time prior to entry of judgment. A court may not enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may be by declaration or by return receipt of mailing. [1995 c.671 § 1; 1997 c.249 § 41; 1999 c.305 § 1; 2001 c.843 § 3; 2003 c.211 § 1; 2005 c.87 § 1; 2005 c.386 § 1a; 2007 c.70 § 30; 2015 c.568 2,5; 2019 c.345 § 1; 2021 c.478 § 8]