Oregon Elder Fraud Statutes
In Oregon, there is an Elderly Persons and Persons with Disabilities Abuse Prevention Act. In it, financial exploitation has four different definitions:
- Wrongfully taking assets that belong to or are intended for the use of an elderly adult
- Threatening to wrongfully take assets of the elderly person
- Misusing, misappropriating, or transferring money from the account of an elderly person without authorization
- Failing to use assets for the support of the elderly person
Duty of officials to report
Section 124.060 makes it mandatory for public and private officials to make a report if they believe someone age 65 or older has suffered abuse or exploitation. This report needs to be made to the Department of Human Services or a local law enforcement agency and should contain information on the alleged victim and perpetrator and the extent of the exploitation.
When someone makes a report in good faith, they will receive immunity from any civil or criminal liability, as per section 124.075. If someone fails to make a report, this is a class A violation
Financial abuse actions
Under section 124.110, the action may be brought when:
- Someone wrongfully takes assets from a vulnerable person without regard for their fiduciary relationship
- A vulnerable person asks for assets to be transferred and the person with control of them fails to do so without good cause
- Someone engages in conduct that violates a restraining order related to a sweepstakes
If financial abuse is proven, the court may issue appropriate orders, as per section 124.120. These could include temporary or permanent injunctions, restraining orders, the creation of receiverships, or the appointment of receivers. In addition, an individual may be ordered to stop having any contact – direct or indirect – with someone.
Financial fraud victims in Oregon may be able to reclaim money
If you suspect you have lost money due to fraud, it is important to take action. To learn about your legal rights and options, you should talk to an experienced elder financial fraud lawyer. The Silver Law Group is a contingency-based firm, which means we don’t get paid unless you do. For a free consultation, call us at 800-975-4345 or send us a message through our online contact form.
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