Rule 9.164 - NON-PROFESSIONAL FIDUCIARY EDUCATIONAL PROGRAM(1) The following court appointed non-professional fiduciaries are subject to this rule: (a) All non-professional guardians and conservators appointed pursuant to ORS Chapter 125 on or after August 1, 2023.(b) Any personal representative appointed pursuant to ORS Chapter 113 on or after August 1, 2023.(c) Any trustee appointed pursuant to ORS Chapter 130 on or after August 1, 2023.(d) Any non-professional fiduciary cited for a deficiency in the handling of fiduciary duties pursuant to any court procedure.(2) All non-professional fiduciaries 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 Marion County within 60 days of appointment as a fiduciary by the Court; and(b) Register for the program no later than 20 days of appointment as a fiduciary by the Court.(3) A professional fiduciary, for purposes if this Rule, is defined in ORS 125.240(5). Financial institutions as defined by ORS 706.008 or a trust company as defined by ORS 706.008 are also exempt from this rule.(4) The Court will send written notice and instructions of this requirement to the nonprofessional fiduciary at the time of appointment as guardian, conservator or personal representative. The attorney representing a trusted shall provide written notice and instructions 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 on 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 sate and time the class was taken as well as the provider of the class.(7) Upon 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 declaration and filed with thirty days of notice.(8) The court may at 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 nonprofessional fiduciary by the court.(10) Failure to timely comply with this rule may result in removal of the nonprofessional fiduciary by the court.Amended effective 2/1/2024.