SLR 8-9.086: Non-professional Fiduciary Education Program

(1) 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. (2) The following court-appointed, non-professional fiduciaries will be subject to this rule: (a) Any guardian or conservator appointed pursuant to ORS Chapter 125 on or after January 1, 2025. (b) Any guardian appointed pursuant to ORS Chapter 419B on or after January 1, 2025. (c) Any personal representative appointed pursuant to ORS Chapter 113 on or after January 1, 2025. (d) Any non-professional fiduciary cited for a deficiency in handling of fiduciary duties pursuant to the show cause process. (3) All non-professional fiduciaries involved in a case described under subsection (2) above, shall register and successfully complete an education class for non-professional fiduciaries with a curriculum as prescribed by the Presiding Judge of Baker County within sixty (60) days of appointment as fiduciary by the court; and (4) The court will send notice and instructions of this requirement to the non-professional fiduciary at the time of appointment as guardian or conservator in the following manner: (a) When a fiduciary is represented by an attorney, the court will send the notice and instruction to the attorney of record. The attorney of record shall provide notice and instruction to the fiduciary of this requirement. (b) When a fiduciary is appearing without an attorney, the court will send the notice and instruction directly to the fiduciary. 8th Judicial District – Baker Circuit Court Revised February 1, 2026 Page 9 of 34 (5) Fees for the court-required class shall be considered a cost of administration of the proceeding. The fee for the court-required class may be waived or deferred at 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, a Certificate of Completion must be filed with the court on behalf of the non-professional fiduciary. To qualify for this service, the non-professional fiduciary must complete the on-line Course Assessment at the conclusion of the course. (7) Upon a showing of good cause, a non-professional fiduciary may request 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, or other appropriate sanctions.} CHAPTER 11 – Juvenile Court Proceedings