SLR 5-9.076: NON-PROFESSIONAL FIDUCIARY EDUCATIONAL PROGRAM

(1) The following court appointed non-professional fiduciaries are subject to this rule: (a) Any guardian or conservator appointed as authorized by ORS Chapter 125 on or after the effective date of this rule, except any guardian appointed for a vulnerable youth. (b) Any personal representative appointed as authorized by ORS Chapter 113 on or after the effective date of the rule, except any Personal Representative appointed under ORS 114.453 for the sole purpose of pursuing a claim for the wrongful death of the decedent. (c) Any trustee appointed as authorized by ORS Chapter 130 on or after the effective date of the rule. (d) Any non-professional fiduciary cited for 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 as prescribed by the Presiding Judge of Clackamas County within ninety (90) days of appointment as fiduciary by the court; and Page 25 of 37 (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 and attorneys appointed as fiduciaries are exempt from this rule. (4) The court will send notice and instructions of this requirement to the non-professional fiduciary at the time of appointment as guardian, conservator or personal representative. The attorney representing a 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 trust. 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-required 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 a 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. (8) The court may, in its discretion, require a non-professional fiduciary to retake the class. (9) Failure to timely comply with this rule may result in removal of the non-professional fiduciary by the court.