Probate Predatory Practices in Oregon

Professional Fiduciary and Oregon Law 

• Conservatorship
• Trusts
• Personal Representative

Conservatorship, Trusts, Personal Representative, Court Appointed financial asset management, planning and protection on behalf of incapacitated persons.Unqualified and uncertified Guardians

125.200 Preferences in appointing fiduciary. The court shall appoint the most suitable person who is willing to serve as fiduciary after giving consideration to the specific circumstances of the respondent, any stated desire of the respondent, the relationship by blood or marriage of the person nominated to be fiduciary to the respondent, any preference expressed by a parent of the respondent, the estate of the respondent and any impact on ease of administration that may result from the appointment. [1995 c.664 §19]

125.205 Persons not qualified to act as fiduciary. A person is not qualified to serve as a fiduciary if the person is incapacitated, financially incapable, a minor or is acting as a health care provider, as defined in ORS 127.505, for the protected person. [1995 c.664 §20]

125.210 Notice to court of criminal conviction, revocation or cancellation of occupational license or bankruptcy proceedings.

(1) A person nominated as a fiduciary who has been convicted of a crime, has filed for or received protection under the bankruptcy laws or has had a license revoked or canceled that was required by the laws of any state for the practice of a profession or occupation must inform the court of the circumstances of those events before the person is appointed. If the person nominated to be a fiduciary is also the petitioner, the information required by this section may be provided in the petition for appointment of a fiduciary in the manner specified by ORS 125.055.

(2) A person who has been appointed as a fiduciary who is convicted of a crime, files for or receives protection under the bankruptcy laws or has a license revoked or canceled that is required by the laws of any state for the practice of a profession or occupation must inform the court of the circumstances of those events immediately.

(3) A person who is required to give notice to the court under subsection (2) of this section must also give notice to those persons listed in ORS 125.060 (3).

(4) The court may decline to appoint a person as fiduciary, or may remove a person as fiduciary, if the person fails to comply with the provisions of this section. [1995 c.664 §21]

Oregon appears to be one of the many states that is not providing adequate oversight regarding appointments of Conservators/Guardians. 

Names of Conservators/Guardians can be found on  the website Guardian/Conservator Association of Oregon, Inc.  

• Approximately 60 individuals appear to be members of  Guardian/Conservator Association of Oregon, Inc. 
• Seventeen of the members are on the "Attorney" list. 

• Approximately 35 members claim to be "certified", with the remaining without  any certification status reported.

One example of  the law being disregarding is Colleen Patterson.  She sought relief from a  bankruptcy which, per Oregon law, eliminates her from being appointed a "conservator" or "fiduciary".   The court in Multnomah County was made aware of it yet she  continues to to illegally and unethically promote herself as a "qualified" Conservator.  She has no  "certifications" that are associated with any Oregon  accountability board, thus she does business with no entity to hold her accountable.

We have reached a dangerous place when "anyone" can be given full "latitude" to control another humans: health issues, all financial assets, family relationships (keeping family away from the "ward", not allowing family to be privy to health issues,  and most disturbing of all these people, with the courts knowledge, to make the decision to end their "wards" life. 

Psychotropic drugs seem to be a "popular" method to hasten the demise of the wards or "protected" persons life. This seems to correspond with assets becoming scarce, thus leaving little motivation to maintain the "job" of  "protecting" the individuals life.