SLR 14-9.076: NONPROFESSIONAL FIDUCIARY EDUCATIONAL PROGRAM

(1) The following court-appointed nonprofessional fiduciaries are subject to this rule: (a) All nonprofessional guardians and conservators appointed pursuant to ORS chapter 125 on or after the effective date of this rule. (b) Any personal representative appointed pursuant to ORS chapters 113 and 114 on or after the effective date of this rule. (c) Any trustee appointed pursuant to ORS chapter 130 on or after the effective date of this rule. (d) Any nonprofessional fiduciary cited for a deficiency in the handling of fiduciary duties pursuant to the show cause process. (2) All nonprofessional fiduciaries involved in a case described under subsection (1) above shall: (a) Successfully complete an education class for nonprofessional fiduciaries with a curriculum as described by the Presiding Judge of the Fourteenth Judicial District within 60 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, includes those persons described in ORS 125.240(5), and attorneys. Professional fiduciaries are exempt from this rule. Financial institutions as defined by ORS 706.008 or a trust company as defined by ORS 706.008 are also exempt from this rule. (4) A nonprofessional fiduciary’s obligations under this rule may be waived under the following circumstances: February 1, 2026 14th Judicial District – Josephine County Circuit Court -23- (a) The fiduciary is represented by an attorney licensed in the State of Oregon; and (b) The fiduciary’s attorney files with the court, within 30 days of the appointment of the fiduciary, a declaration that the attorney has personally advised the fiduciary of his/her obligations with respect to the management of estate assets, reporting obligations, and statutory notice requirements. (5) The court will send notice and instructions of this requirement to the nonprofessional fiduciary at the time of appointment as guardian, conservator, trustee, or personal representative. The attorney representing a trustee shall provide notice and instruc tion to the trustee of this requirement. (6) Fees for the court -required class shall be considered a cost of administration of the protective proceeding, estate, or trust. (7) Upon successful completion of the court -required class, the nonprofessional fiduciary education program provider shall eFile a certificate of completion with the Probate Department stating the date and time the class was taken and the provider of the class. (8) Upon a showing of good cause, a nonprofessional 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. (9) The court may, at its discretion, require a nonprofessional fiduciary to retake the class. (10) Failure to timely comply with this rule may result in removal of the nonprofessional fiduciary by the court.