PJO 24-007A Mandatory Training Non-Professional Fiduciaries — physical PDF page 2
Presiding Judge Order 24-007 (Amendment 1) Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NOW THEREFORE IT IS SO ORDERED th at the Non-Professional Fiduciary Education and Training Program set out in the 6th Judicial District (Umatilla County and Morrow County) is as follows: 1) The following court appointed non-professional fiduciaries are subject to this rule: a) Any guardian or conservator appointed pursuant to ORS Chapter 125 on or after the effective date of this Presiding Judge Order. b) Any personal representative appointed pursuant to ORS Chapter 113 on or after the effective date of this Presiding Judge Order. c) Any trustee appointed pursuant to ORS Chapter 130 on or after the effective date of this Presiding Judge Order d) Any non-professional fiduciary cited fo r a deficiency in the handling of fiduciary duties pursuant to the show cause process. 2) All non-professional fiduciaries involved in a case described under subsection (1) above, shall: a) Successfully complete an education class for non-professional fiduciaries with a curriculum prescribed by the Presiding Judge of the Sixth Judicial District (Umatilla and Morrow County) within 90 days of appointment as fiduciary by the Court; and b) Register for the program no later than fifteen (15) days from appointment as fiduciary by the Court. 3) A professional fiduciary, for purposes of this Rule is defined in ORS 125.240(5). Professional fiduciaries are exempt from this Rule. 4) The Court will send notice and instruct ions of this requ irement to the non- professional fiduciary at the time of appointment as guardian, conservator, or personal representative. The attorney representing the trustee shall provide notice and instruction to the trustee of this requirement. 5) Fees for the court-required class shall be considered a cost of administration of the protective proceeding, estate, or trus t. The fee for the court-required class may be waived or deferred in the Court’s discretion, in keeping with the Court’s policy of fee waiver and deferrals. 6) Upon successful completion of the court-r equired class, the non-professional fiduciary shall file a certificate of completion with the Probate Department stating the date and time the class was taken as well as the provider of the class. 7) Upon showing of good cause, a non-professional fiduciary may request a waiver of the requirements of this Rule. The request must be made by motion, supported by affidavit, and filed within fifteen (15) days of receipt of notice.
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Publisher URL: https://www.courts.oregon.gov/rules/Documents/UMA_PJO_24-007A_MandatoryTrainingNon-ProfessionalFiduciaries.pdf