Or. Admin. Code § 411-026-0080

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-026-0080 - Estate Administration

(1) An individual who receives public assistance through the Department, who is financially incapable, and whose assets need protection, recovery, or for whom disposition of excess property is needed to maintain eligibility for services or benefits, may be referred to the Department's Estate Administration Unit for nomination of a conservator under this rule. The local office shall use forms and procedures established by the Department's Estate Administration Unit.

(2) In determining whether or not a conservatorship should be pursued, the Department's Estate Administration Unit shall consider, including but not limited to, the following factors:

(a) Whether the individual is receiving public assistance from the Department.

(b) Whether the individual is financially incapable.

(c) The cost effectiveness of pursuing a conservatorship including but not limited to:

(A) The likelihood that the assets of the conservatorship estate shall be sufficient to cover expenses and be a benefit to the client; or

(B) The ability to successfully retrieve assets that may have already been conveyed to another person or entity can be successfully retrieved.

(d) The availability of an appropriate conservator or entity to manage the financial affairs of the individual.

(3) When the individual is receiving public assistance, the Department's Estate Administration Unit shall coordinate the nomination of a conservator with the local office providing that assistance.

(4) The conservator shall be paid through the assets of the individual's estate as ordered by the court and in accordance with the Department's contract provisions where a contract has been entered into with the attorney nominated in the matter. When there are no assets from which to pay the costs of establishing or pursuing the conservatorship, the Department may pay the costs as provided through an established contract with the Department.

Or. Admin. Code § 411-026-0080

SSD 9-1996, f. & cert. ef. 10-15-96; SPD 30-2007, f. 11-27-06, cert. ef. 12-01-06; SPD 20-2010, f. 7-30-10, cert. ef. 8-1-10

Stat. Auth.: ORS 410.070

Stats. Implemented: ORS 410.070