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Oregon Revised Statutes Protective Proceedings; Powers of Attorney; Trusts § 126.839

Current as of January 01, 2023 | Updated by Findlaw Staff

(1) The validity of a transfer made in a manner prescribed in ORS 126.805 to 126.886 is not affected by:

(a) Failure of the transferor to comply with ORS 126.832 (4) concerning possession and control;

(b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under ORS 126.832 (1); or

(c) Death or incapacity of a person nominated under ORS 126.812 or designated under ORS 126.832 as custodian or the disclaimer of the office by that person.

(2) A transfer made pursuant to ORS 126.832 is irrevocable, and the custodial property is indefeasibly vested in the beneficiary, but the custodian has all the rights, powers, duties and authority provided in ORS 126.805 to 126.886 and neither the beneficiary nor the beneficiary's legal representative has any right, power, duty or authority with respect to the custodial property except as provided in ORS 126.805 to 126.886.

(3) By making a transfer, the transferor incorporates in the disposition all the provisions of ORS 126.805 to 126.886 and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in ORS 126.805 to 126.886.

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Cite this article: FindLaw.com - Oregon Revised Statutes Protective Proceedings; Powers of Attorney; Trusts § 126.839 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-13-protective-proceedings-powers-of-attorney-trusts/or-rev-st-sect-126-839/

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