(1) The Department of Human Services or the Department of Corrections, as appropriate, may file a claim against the decedentís estate for any unpaid charges under ORS 179.620 (3). This shall be done in the same manner as claims of creditors and with the priorities provided in ORS 115.125.
(2) If, within 90 days following the personís death, the personís estate is not otherwise being probated, the agency may petition any court of competent jurisdiction for the issuance of letters of administration or testamentary. This action would be for the purpose of collecting the full amount of unpaid cost of care as determined by ORS 179.701 and limited by ORS 179.620 (3). However, the agency may not file a petition under this subsection until at least 90 days after the death of the person who was at the state institution and then only in the event that the personís estate is not otherwise being probated.
(3) The agency may settle any claim against the decedentís estate during the pendency of the probate proceeding by accepting other security or in any other equitable manner. The agency may waive all or part of the claim if it finds collection of this amount due to be inequitable.
(4) The agency may not recover amounts that exceed the total cost of care of the deceased person as computed under ORS 179.701 and limited by ORS 179.620 (3). [1959 c.652 §§16,17,18; 1961 c.501 §4; 1969 c.591 §297; 1973 c.546 §11; 1979 c.684 §4; 1989 c.348 §10; 2001 c.487 §10]Section: Previous 179.680 179.690 179.700 179.701 179.710 179.711 179.720 179.721 179.730 179.731 179.740 179.745 179.750 179.760 179.770 Next
Last modified: August 7, 2008