(2) Except when there is a surviving spouse, or a surviving child who is under 21 years of age or who is blind or has a disability, the amount of any assistance paid under ORS 411.706 is a claim against the estate in any conservatorship proceedings and may be paid pursuant to ORS 125.495.
(3) Nothing in this section authorizes the recovery of the amount of any assistance from the estate or surviving spouse of a recipient to the extent that the need for assistance resulted from a crime committed against the recipient. [Formerly 412.600; 2007 c.70 §189; 2007 c.486 §10; 2009 c.595 §263; 2009 c.867 §41; 2011 c.602 §35; 2011 c.720 §124a]