124.140: ����� (a) �Elderly person� means a person 65 years of age or older. ����� (b) �Financially incapable� has the meaning given that term in ORS 125.005. ����� (c) �Incapacitated� has the mean

124.140:

����� (a) �Elderly person� means a person 65 years of age or older.

����� (b) �Financially incapable� has the meaning given that term in ORS 125.005.

����� (c) �Incapacitated� has the meaning given that term in ORS 125.005.

����� (d) �Person with a disability� means a person with a physical or mental impairment that:

����� (A) Is likely to continue without substantial improvement for no fewer than 12 months or to result in death; and

����� (B) Prevents performance of substantially all the ordinary duties of occupations in which an individual not having the physical or mental impairment is capable of engaging, having due regard to the training, experience and circumstances of the person with the physical or mental impairment.

����� (e) �Vulnerable person� means:

����� (A) An elderly person;

����� (B) A financially incapable person;

����� (C) An incapacitated person; or

����� (D) A person with a disability who is susceptible to force, threat, duress, coercion, persuasion or physical or emotional injury because of the person�s physical or mental impairment.

����� (2) A vulnerable person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage in physical or financial abuse. The court shall award the following to a plaintiff who prevails in an action under this section:

����� (a) An amount equal to three times all economic damages, as defined in ORS 31.705, resulting from the physical or financial abuse, or $500, whichever amount is greater.

����� (b) An amount equal to three times all noneconomic damages, as defined in ORS 31.705, resulting from the physical or financial abuse.

����� (c) Reasonable attorney fees incurred by the plaintiff.

����� (d) Reasonable fees for the services of a conservator or guardian ad litem incurred by reason of the litigation of a claim brought under this section.

����� (3) An action may be brought under this section only by:

����� (a) A vulnerable person;

����� (b) A guardian, conservator or attorney-in-fact for a vulnerable person;

����� (c) A personal representative for the estate of a decedent who was a vulnerable person at the time the cause of action arose; or

����� (d) A trustee for a trust on behalf of the trustor or the spouse of the trustor who is a vulnerable person.

����� (4) An action may be brought under this section only for physical abuse described in ORS 124.105 or for financial abuse described in ORS 124.110.

����� (5) An action may be brought under this section against a person for permitting another person to engage in physical or financial abuse if the person knowingly acts or fails to act under circumstances in which a reasonable person should have known of the physical or financial abuse.

����� (6) A person commencing an action under this section shall mail a copy of the complaint or other initial pleading to the Attorney General at the time the action commences. Failure to mail a copy of the complaint or pleading is not a jurisdictional defect and may be cured at any time prior to entry of judgment. A court may not enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may be by declaration or by return receipt of mailing. [1995 c.671 �1; 1997 c.249 �41; 1999 c.305 �1; 2001 c.843 �3; 2003 c.211 �1; 2005 c.87 �1; 2005 c.386 �1a; 2007 c.70 �30; 2015 c.568 ��2,5; 2019 c.345 �1; 2021 c.478 �8]

����� 124.105 Physical abuse subject to action. (1) An action may be brought under ORS 124.100 for physical abuse if the defendant engaged in conduct against a vulnerable person that would constitute any of the following:

����� (a) Assault, under the provisions of ORS 163.160, 163.165, 163.175 and 163.185.

����� (b) Menacing, under the provisions of ORS 163.190.

����� (c) Recklessly endangering another person, under the provisions of ORS 163.195.

����� (d) Criminal mistreatment, under the provisions of ORS 163.200 and 163.205.

����� (e) Rape, under the provisions of ORS 163.355, 163.365 and 163.375.

����� (f) Sodomy, under the provisions of ORS 163.385, 163.395 and 163.405.

����� (g) Unlawful sexual penetration, under the provisions of ORS 163.408 and 163.411.

����� (h) Sexual abuse, under the provisions of ORS 163.415, 163.425 and 163.427.

����� (i) Strangulation, under ORS 163.187.

����� (2) An action may be brought under ORS 124.100 for physical abuse if the defendant used any unreasonable physical constraint on the vulnerable person or subjected the vulnerable person to prolonged or continued deprivation of food or water.

����� (3) An action may be brought under ORS 124.100 for physical abuse if the defendant used a physical or chemical restraint, or psychotropic medication on the vulnerable person without an order from a physician or naturopathic physician licensed in the State of Oregon or under any of the following conditions:

����� (a) For the purpose of punishing the vulnerable person.

����� (b) For any purpose not consistent with the purposes authorized by a physician or naturopathic physician.

����� (c) For a period significantly beyond that for which the restraint or medication was authorized by a physician or naturopathic physician. [1995 c.671 �2; 2003 c.577 �4; 2005 c.386 �2; 2017 c.356 �9]

����� 124.110 Financial abuse subject to action. (1) An action may be brought under ORS 124.100 for financial abuse in the following circumstances:

����� (a) When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property has a fiduciary relationship with the vulnerable person.

����� (b) When a vulnerable person requests that another person transfer to the vulnerable person any money or property that the other person holds or controls and that belongs to or is held in express trust, constructive trust or resulting trust for the vulnerable person, and the other person, without good cause, either continues to hold the money or property or fails to take reasonable steps to make the money or property readily available to the vulnerable person when:

����� (A) The ownership or control of the money or property was acquired in whole or in part by the other person or someone acting in concert with the other person from the vulnerable person; and

����� (B) The other person acts in bad faith, or knew or should have known of the right of the vulnerable person to have the money or property transferred as requested or otherwise made available to the vulnerable person.

����� (c) When a person has at any time engaged in conduct constituting a violation of a restraining order regarding sweepstakes that was issued under ORS 124.020.

����� (2) A transfer of money or property that is made for the purpose of qualifying a vulnerable person for Medicaid benefits or for any other state or federal assistance program, or the holding and exercise of control over money or property after such a transfer, does not constitute a wrongful taking or appropriation under subsection (1)(a) of this section or the holding of money or property without good cause for the purposes of subsection (1)(b) of this section. [1995 c.671 �3; 1999 c.305 �2; 1999 c.875 �8; 2005 c.386 �3]

����� 124.115 Persons not subject to action. (1) Except as provided by subsection (2) of this section, an action under ORS