Oregon Revised Statutes
As used in this chapter: “Conservator” means a person appointed as a conservator under the provisions of this chapter. “Fiduciary” means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter. “Financially inc…
Any person who is interested in the affairs or welfare of a respondent may file a petition for the appointment of a fiduciary or entry of other protective order. A protective proceeding is commenced by the filing of a petition in a court with jurisdiction over protective proceedings. The court may appoint any of the following fiduciaries in a protective pr…
As used in this section: “Party” means: A person who is the subject of a petition for a protective order. A person who has petitioned for appointment, or who has been appointed, as a fiduciary for a protected person under this chapter. A person, not otherwise a party under this paragraph, who has filed objections as allowed under this chapter. A visitor…
The probate courts and commissioners provided for in ORS chapter 111 have exclusive jurisdiction of protective proceedings. Subject to ORS 125.800 to 125.852 for adults as defined in ORS 125.802, if an Oregon court exercising probate jurisdiction becomes aware that a protective proceeding has been commenced in another state, the Oregon court shall notify th…
Except as provided in this section, a protective proceeding must be commenced in the county where the respondent resides or is present. If the respondent resides in an institution by reason of an order of a court, the proceeding may be commenced in the county where that court sits. If the respondent does not reside in this state and is not present in this …
Subject to ORS 125.800 to 125.852 for adults as defined in ORS 125.802, a court having jurisdiction over a protective proceeding shall exercise continuing authority over the proceeding. Subject to the provisions of ORS 125.800 to 125.852 and this chapter, the court may act upon the petition or motion of any person or upon its own authority at any time and in…
The appointment of a fiduciary in a protective proceeding shall be made by limited judgment. The court in a protective proceeding may enter a limited judgment only for the following decisions of the court: A decision on an objection to an accounting. A decision on placement of a protected person. A decision on the sale of the residence of a protected per…
As used in this section: “Case subtype” means guardianship, conservatorship or guardianship and conservatorship. “Case type” means adult protective proceeding or minor protective proceeding. No later than September 15 of each year, the Judicial Department shall submit, to the interim committees of the Legislative Assembly related to the judiciary, a repor…
Except as otherwise provided by this chapter, the Oregon Rules of Civil Procedure and the Oregon Evidence Code apply in protective proceedings.
A petition in a protective proceeding that seeks the appointment of a fiduciary must designate the type of fiduciary that the petitioner seeks to have appointed. If the petition does not request the appointment of a fiduciary, or if the petition requests both the appointment of a fiduciary and some other protective order, the petition must contain a statemen…
The notices required by this section must be given to all persons whose identities and addresses can be ascertained in the exercise of reasonable diligence by the person required to give the notice. Notice of the filing of a petition for the appointment of a fiduciary or entry of other protective order must be given by the petitioner to the following person…
Except as provided in ORS 125.060, notice of the filing of a petition must be personally served on any respondent who has attained 14 years of age. Notice of a petition must be personally served on the parents of a respondent if the petition is based on the fact that the respondent is a minor. The notice may not be served on the respondent by the visitor app…
The notice required by ORS 125.060 must contain the following: The name, address and telephone number of the petitioner or the person making the motion, and the relationship of the petitioner or person making the motion to the respondent. A copy of the petition or motion. A statement on where objections may be made or filed and the deadline for making or …
Any person who is interested in the affairs or welfare of a respondent or protected person may present objections to a petition or to a motion in a protective proceeding, including but not limited to: Any person entitled to receive notice under ORS 125.060. Any stepparent or stepchild of the respondent or protected person. Any other person the court may a…
The court may require that a hearing be held on any petition or motion in a protective proceeding. A hearing must be held on a petition or motion if the respondent or protected person makes or files an objection to the petition or motion and the objection is not withdrawn before the time scheduled for the hearing. A hearing must be held on a motion to modi…
Upon appointment, a guardian shall deliver written notice of the order of appointment to the persons described in ORS 125.060 (3). The notice provided to the protected person under this subsection must be delivered in person in a manner reasonably calculated to be understood by the protected person. When delivering the notice to the protected person under …
The court may remove a fiduciary on the motion of any person who is entitled to file an objection to a petition under the provisions of ORS 125.075, on a motion of the Long Term Care Ombudsman or upon the court’s own motion. On motion of the fiduciary, the court may accept the resignation of the fiduciary and make any other order that may be appropriate, in…
A protected person is entitled to the same rights and procedures provided in the original proceedings when a motion to terminate the protective proceeding is filed and a fiduciary opposes the motion. The fiduciary has the burden of proving by clear and convincing evidence that a protected person continues to be incapacitated or financially incapable if a mot…
Funds of a person subject to a protective proceeding may be used to pay reasonable fees, costs and disbursements to any visitor, attorney, physician, fiduciary or temporary fiduciary for services related to the protective proceeding or for services provided on behalf of a fiduciary, respondent, petitioner, cross-petitioner, objector or protected person. Pri…
As used in this section, “party” means a person represented by an attorney when a request for court approval and payment of attorney fees has been made relating to a protective proceeding under ORS 125.095. A court shall consider the following factors in determining whether to award attorney fees under ORS 125.095: The benefit to the person subject to the …
At any time after a presiding judge issues a court order described in subsection (5) of this section and after the appointment of a fiduciary that is not a financial institution or trust company as defined in ORS 706.008, the court, on its own motion or on the motion of any person who is interested in the affairs or welfare of the protected person, may appoi…
The court shall appoint a visitor upon the filing of a petition in a protective proceeding that seeks the appointment of: A guardian for an adult respondent; A guardian for a minor respondent who is more than 16 years of age, in cases where the court determines there is the likelihood that a petition seeking appointment of a guardian for the respondent as …
A visitor shall file a report in writing with the court within 15 days after the visitor is appointed. The court may grant additional time for filing the visitor’s report upon a showing of necessity and good cause. The report of the visitor appointed at the time a petition is filed requesting the appointment of a fiduciary must include the following: A sta…
At any time after the appointment of a fiduciary, the court may appoint a visitor. The court may require the visitor to perform any duty the visitor could have performed if appointed at the time the fiduciary was appointed, including interviewing relevant persons, examining relevant records, reporting in writing to the court and being present at any hearing.
A presiding judge shall by court order establish: Qualifications for persons serving as visitors for the court, in addition to those qualifications established by this section; and Standards and procedures to be used by visitors in the performance of their duties. A visitor may be an employee of the court. The visitor may not have any personal interest in…
A person appointed as a court visitor is immune from any liability for acts, omissions or errors in judgment, if the act, omission or error in judgment is made in good faith and within the scope of the person’s duties, responsibilities or functions as a court visitor.
Not more than once each calendar year, the court may charge a respondent or protected person for any visitor services provided during the year. The court may order reimbursement to the state from the assets of the respondent or protected person for the cost of any interview or report unless the court finds that the assessment would impose a hardship on the r…
The court shall appoint the most suitable person who is willing to serve as fiduciary after giving consideration to the specific circumstances of the respondent, any stated desire of the respondent, the relationship by blood or marriage of the person nominated to be fiduciary to the respondent, any preference expressed by a parent of the respondent, the esta…
A person is not qualified to serve as a fiduciary if the person: Is incapacitated, financially incapable or a minor; Is acting as a health care provider, as defined in ORS 127.505, for the protected person; or Is the protected person’s parent or former guardian and: At any time while the protected person was under the care, custody or control of the pers…
A person nominated as a fiduciary shall inform the court of the circumstances of an event before the person is appointed if the person: Has been convicted of a crime; Has filed for or received protection under the bankruptcy laws; Has caused any loss resulting in a surcharge under ORS 125.025 (3)(e) or a similar statute of another jurisdiction; Has been …
If the person filing a petition in a protective proceeding is also nominated in the petition as fiduciary for the respondent, the signature of the petitioner on the petition acts as acceptance of appointment upon entry of an order appointing the petitioner as fiduciary. If the person nominated as a fiduciary is not the petitioner, the person nominated must f…
A fiduciary may employ a person in which the fiduciary has a pecuniary or financial interest only after disclosing the nature of the interest to the court if the person is employed for the purpose of providing direct services to the protected person or for the purpose of providing services to the fiduciary that directly affect the protected person. Before th…
A court shall remove a fiduciary whenever that removal is in the best interests of the protected person. In addition to any other grounds, the court may remove a conservator if the conservator fails to use good business judgment and diligence in the management of the estate under the control of the conservator. The court may apply a higher standard of care …
Except as provided in subsection (3) of this section, a fiduciary’s authority terminates upon the death, resignation or removal of the fiduciary or upon the protected person’s death. If the fiduciary is a guardian appointed solely by reason of the minority of the protected person, the fiduciary’s authority terminates upon the protected person attaining 18 ye…
A fiduciary is not personally liable to third persons for acts of the protected person solely by reason of being appointed fiduciary.
If a petition seeks the appointment of a professional fiduciary, the petition must contain the following information in addition to that information required under ORS 125.055: Proof that the professional fiduciary, or an individual responsible for making decisions for clients or for managing client assets for the professional fiduciary, is certified by the…
ORS 125.221 and 125.240 do not apply to a financial institution, as defined in ORS 706.008, a trust company, as defined in ORS 706.008, or the Oregon Public Guardian and Conservator in proceedings under ORS 125.675 to 125.691. Note: 125.242 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 125 or any series …
Except as provided in paragraph (b) of this subsection, a guardian may be appointed for an adult person only as is necessary to promote and protect the well-being of the protected person. A guardianship for an adult person must be designed to encourage the development of maximum self-reliance and independence of the protected person and may be ordered only t…
After determining that conditions for the appointment of a guardian have been established, the court may appoint a guardian as requested if the court determines by clear and convincing evidence that: The respondent is a minor in need of a guardian, the respondent is incapacitated or the respondent is a vulnerable youth; The appointment is necessary as a me…
The court shall issue letters of guardianship to the guardian after the filing of any acceptance of the appointment and bond that may be required. A copy of the order appointing the guardian must be attached to the letters of guardianship. Letters of guardianship must be in substantially the following form: __________________________________________________…
A guardian has the following powers and duties: Except to the extent of any limitation under the order of appointment, the guardian has custody of the protected person and may establish the protected person’s place of abode within or without this state. The guardian shall provide for the care, comfort and maintenance of the protected person and, whenever a…
A guardian may not authorize the sterilization of the protected person. A guardian may not use funds from the protected person’s estate for room and board that the guardian or guardian’s spouse, parent or child have furnished the protected person unless the charge for the service is approved by order of the court before the payment is made. Before a guardi…
As used in this section: “Association” means communication, visitation or other social interaction with third parties; and “Interested person” means a protected person, a person with whom association is being limited, any fiduciary for the protected person or any person who has filed a request for notice in the proceedings. A guardian may not limit a prot…
Not later than 30 days following each anniversary of appointment, a guardian for an adult protected person shall file with the court a written report. The report must include a declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 to 194.835, if the declarant is physically outside the boundaries of…
Except as provided in subsection (2) of this section, a guardian appointed for a person committed to the legal and physical custody of the Department of Corrections may not exercise those powers specified in ORS 125.315 (1)(a) or (b) while the person remains confined. A guardian appointed for a person committed to the legal and physical custody of the Depar…
Upon the filing of a petition seeking the appointment of a conservator, the court may appoint a conservator and make other appropriate protective orders if the court finds by clear and convincing evidence that the respondent is a minor or financially incapable, and that the respondent has money or property that requires management or protection.
The court shall issue letters of conservatorship to the conservator after the filing of any acceptance of the appointment and bond that may be required. Letters of conservatorship must be in substantially the following form: ______________________________________________________________________________ State of Oregon, ) ) LETTERS OF County of ___ ) CONS…
Except as provided in subsection (2) of this section, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservator according to law, with sureties as specified by the court. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in …
A surety may cancel the obligation of the surety upon notice in writing to the conservator and the court. The notice shall specify an effective date for the cancellation that is not less than 30 days after the date of the notice. A surety’s obligation under a bond shall continue until court approval of an accounting covering the period during which the bond…
A conservator shall take possession of all the property of substantial value of the protected person, and of rents, income, issues and profits from those properties whether accruing before or after the appointment of the conservator. The conservator shall also take possession of all proceeds from the sale, mortgage, lease or other disposition of property of …
A conservator may expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or benefit of the protected person and the dependents of the protected person after the conservator considers recommendations relating to the appropriate standard of support, education, care and benefit f…
A protected person’s principal residence may be sold by a conservator only with the prior approval of the court. A motion seeking prior approval must be filed with the court and notice given to the persons specified in ORS 125.060 (3). For purposes of this section, “principal residence” means a residence that is owned by the protected person and in which th…
If the estate has adequate funds to provide for the purposes specified in ORS 125.425, a conservator may make gifts on behalf of the protected person for such purposes as the protected person might have been expected to make. The conservator may make gifts without prior court approval of up to $250 to a person in a calendar year, not to exceed an aggregate a…
A conservator may perform the following acts only with prior court approval: Convey or release contingent or expectant interests of the protected person in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety. Create revocable or irrevocable trusts of property of the estate. A trust …
A conservator may perform the following acts without prior court authorization or confirmation if the conservator is acting reasonably to accomplish the purposes for which the conservator was appointed: Collect, hold and retain assets of the estate including land wherever situated, until, in the judgment of the conservator, disposition of the assets should …
Any sale or encumbrance to a conservator, the spouse, agent or attorney of the conservator, or any corporation or trust in which the conservator has a substantial beneficial interest, or any transaction that is otherwise affected by a substantial conflict of interest is voidable unless the transaction is approved by the court after the filing of a motion wit…
A protected person, if mentally competent, may make wills, change beneficiaries of life insurance and annuity policies and exercise any power of appointment or any elective right to share in the estate of a deceased spouse. Except as provided in this section and ORS 125.420, a protected person for whom a conservator has been appointed cannot convey or encum…
In investing the estate, selecting assets of the estate for distribution and utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall take into account any known estate plan of the protected person, including the will of the protected pe…
The court may order any person to appear and give testimony by deposition if it appears probable that the person: Has concealed, secreted or disposed of any property of the protected person; Has been entrusted with property of the protected person and fails to account for that property to the conservator; Has concealed, secreted or disposed of any writing…
Within 90 days after the date of appointment, unless a longer time is granted by the court, a conservator must file in the protective proceeding an inventory of all the property of the estate of the protected person that has come into the possession or knowledge of the conservator. The inventory must show the estimates by the conservator of the respective tr…
Unless the court by order provides otherwise, a conservator shall account to the court for the administration of the protected estate within 60 days after each anniversary of appointment. In addition, a conservator shall account to the court for the administration of the protected estate: Within 60 days after the death of the protected person, a minor prote…
Subject to appeal or vacation within the time allowed by law, an order, made upon notice and hearing, allowing an intermediate accounting of a conservator, is final as to the liabilities of the conservator concerning the matters considered in connection with the intermediate accounting. An order, made upon notice and hearing, allowing a final accounting is f…
A conservator is not personally liable on a contract entered into in the fiduciary capacity of the conservator in the course of administering the estate unless: The contract specifically makes the conservator liable in a personal capacity; or The conservator fails to reveal the representative capacity of the conservator and identity of the estate in the co…
A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring a court order under the provisions of this chapter is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not require the person to inquire into …
A conservator shall pay from the estate claims against the estate and against the protected person arising before or after the conservatorship upon their presentation, allowance and maturity. Claims that become absolute at an uncertain event may not be allowed. The conservator may allow claims against the estate of a protected person in part and disallow the…
An action upon a claim may not be brought until the claim is disallowed or until 60 days have elapsed from the date of its presentment without allowance of payment. A creditor of the protected person or the estate of the protected person whose claim is secured may not exercise remedies against the security until at least 30 days after the claim is presented…
If a proceeding is pending against a protected person at the time of appointment of a conservator or is commenced against the protected person after appointment of a conservator, the plaintiff must give notice of the proceeding to the conservator or the attorney of the conservator if any judgment or order arising out of the proceeding will constitute a claim…
If the conservator disallows a claim in whole or in part, or if the conservator does not allow or disallow a claim within 60 days after it is presented, the claimant may: File in the conservatorship proceeding a request for a summary determination of the claim by the court, with proof of service of a copy upon the conservator or the attorney of the conserva…
The following periods of time shall not be part of the time limited for the commencement of an action under any statute of limitation: The period of time beginning at the presentation of a claim and ending 30 days after the claim is disallowed. If the claim is not allowed or disallowed within 60 days after it is presented, the period of time beginning with…
If it is likely that the estate of the protected person will be exhausted before all claims against the estate are paid, the conservator shall give preference in the payment of claims in the following order of priority: Funds needed for the current care, maintenance and support of the protected person and the dependents of the protected person and claims fo…
An order terminating the conservatorship of a living person shall direct the conservator to deliver the assets in the possession of the conservator to the protected person: Immediately, to the extent that the assets are not required for payment of expenses of administration and debts incurred by the conservator for the account of the estate of the protected…
If a protected person dies and the conservator has possession of a will of the protected person, the conservator shall either deliver the will to the personal representative named in the will or deliver the will to the court for safekeeping. If the conservator delivers the will to the court for safekeeping, the conservator must inform any personal representa…
If at any time the estate of a protected person consists of personal property having a value not exceeding by more than $10,000 the aggregate amount of unpaid expenses of administration of the protected estate and claims against the estate, the conservator, with prior accounting and approval of the court by order, may pay the expenses and claims from the est…
A person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action belonging to a protected person, may make payment or delivery to a conservator, guardian or other fiduciary appointed by a court of the state where the protected person resides, upon being presented with proof of appointme…
A temporary fiduciary who will exercise the powers of a guardian may be appointed by the court if the court makes a specific finding by clear and convincing evidence that the respondent is incapacitated or a minor, that there is an immediate and serious danger to the life or health of the respondent, and that the welfare of the respondent requires immediate …
In addition to the requirements of ORS 125.055, a petition for the appointment of a temporary fiduciary must contain allegations of the conditions required under ORS 125.600. Notice of a petition for the appointment of a temporary fiduciary must be given to the persons specified in ORS 125.060 (2) in the manner provided by ORS 125.065 at least two days befo…
A temporary fiduciary shall file a report with the court setting out all activities of the temporary fiduciary under the authority of the appointment. Except as provided in subsection (2) of this section, the report must be filed: When the temporary fiduciary completes the duties of the fiduciary; When the temporary appointment expires; or When the court …
The court may enter protective orders without the appointment of a fiduciary or in addition to appointment of a fiduciary. A petition for a protective order that does not seek the appointment of a fiduciary is subject to all requirements prescribed for petitions for appointment of a fiduciary. A single filing fee shall be collected pursuant to ORS 21.135 (1)…
For purposes of ORS 125.675 to 125.691: “Client” means a person who receives public guardian and conservator services from the Oregon Public Guardian and Conservator. “Deputy public guardian and conservator” means a person who is employed by or under contract with the Oregon Public Guardian and Conservator, who is certified by the Oregon Public Guardian an…
The Long Term Care Ombudsman appointed under ORS 441.403, in consultation with the Residential Ombudsman and Public Guardianship Advisory Board, shall appoint the Oregon Public Guardian and Conservator in the office of the Long Term Care Ombudsman for a four-year term. The Oregon Public Guardian and Conservator serves at the pleasure of the Long Term Care Om…
The Oregon Public Guardian and Conservator shall: Educate the public about the role and function of the Oregon Public Guardian and Conservator and about public guardian and conservator services. Provide public guardian and conservator services for persons who do not have relatives or friends willing or able to assume the duties of guardianship or conservat…
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Public Guardian and Conservator may require the fingerprints of an employee of the Oregon Public Guardian and Conservator, an applicant for employment with the Oregon Public Guardian and Conservator or a volunteer or party under contract with the Oregon …
In providing public guardian and conservator services, the Oregon Public Guardian and Conservator shall conduct a needs assessment for a person who claims or is claimed not to have relatives or friends willing or able to assume the duties of guardianship or conservatorship and who claims or is claimed to lack the financial resources to obtain a private guard…
A deputy public guardian and conservator providing public guardian and conservator services under ORS 125.675 to 125.691 must be certified as a deputy public guardian and conservator by the Oregon Public Guardian and Conservator. A volunteer of the Oregon Public Guardian and Conservator must provide, in writing, the volunteer’s criminal history and must sub…
A court may not appoint the Oregon Public Guardian and Conservator as a fiduciary for a person unless the Oregon Public Guardian and Conservator has petitioned for or consented to the appointment. If appointed as a fiduciary by the court, the Oregon Public Guardian and Conservator, and any deputy public guardian and conservator designated to act on behalf of…
The Oregon Public Guardian and Conservator Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Public Guardian and Conservator Fund shall be credited to the fund. The fund consists of: Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly; Moneys received from …
The Oregon Public Guardian and Conservator Protected Person Trust Account is established in the State Treasury separate and distinct from the General Fund and the Oregon Public Guardian and Conservator Fund. Moneys in the Oregon Public Guardian and Conservator Protected Person Trust Account consists of moneys received on behalf of persons for whom the Oregon…
As used in this section and ORS 125.694, “highly vulnerable adult” means a person with a disability who is: At least 18 years of age; At imminent risk of serious harm; and Unable to independently protect the person from the harm due to the effects of the person’s disability. The Oregon Public Guardian and Conservator appointed under ORS 125.678 may estab…
As used in this section, “personal representative” and “protected health information” have the meanings given those terms in ORS 192.556. All information and records acquired by a high-risk team established under ORS 125.693 in the exercise of its duties are confidential and may be disclosed only when necessary to carry out the purposes of the high-risk tea…
The county court or board of county commissioners of any county: After making a determination that there exists a need within the county for a guardian or conservator for persons who do not have relatives or friends willing to serve as a guardian or conservator and capable of assuming the duties of guardianship or conservatorship, may create the office of c…
The person appointed to the office of county public guardian and conservator shall serve in the office at the pleasure of the appointing authority. If the person holding the office of county public guardian and conservator is removed from office, dies, becomes incapacitated or resigns, the removal, death, incapacity or resignation shall operate to remove the…
The county public guardian and conservator may serve as the guardian or conservator, or both, of any person of whom the court having probate jurisdiction in the county may have jurisdiction. The county public guardian and conservator may serve as guardian or conservator upon the petition of any person or upon the petition of the county public guardian and co…
Before entering into office as county public guardian and conservator, the person appointed to the office shall file an official bond in such amount as may be fixed from time to time by the board of county commissioners or the court having probate jurisdiction, which bond shall inure to the joint benefit of the several guardianship and conservatorship estate…
All funds coming into the custody of the county public guardian and conservator shall be deposited in the county treasury and disbursed by proper warrant, or shall be deposited in one or more banks or invested in one or more insured savings and loan associations authorized to do business within the county, or as provided by ORS 125.445 (5). Note: See note u…
The county public guardian and conservator shall have a claim against the ward’s or protected person’s estate for reasonable expenses incurred in the execution of the guardianship or conservatorship and such compensation for services and those of the attorney of the county public guardian and conservator as the court having probate jurisdiction in the county…
No fee shall be charged or received by any court having probate jurisdiction for the filing of any petition asking for the appointment of the county public guardian and conservator as the guardian or conservator or for any official service performed by that court in the course of the guardianship or conservatorship proceedings. No fee shall be charged or re…
ORS 125.800 to 125.852 may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Note: 125.800 to 125.852 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 125 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
As used in ORS 125.800 to 125.852: “Adult” means an individual who has attained 18 years of age. “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under ORS chapter 125. “Conservatorship order” means an order appointing a conservator or other order related to management of an adult’s p…
A court of this state may treat a foreign country as if it were a state for the purpose of applying ORS 125.800 to 125.840, 125.850 and 125.852. Note: See note under 125.800.
A court of this state may communicate with a court in another state concerning a proceeding arising under ORS 125.800 to 125.852. The court may allow the parties to participate in the communication. Except as provided in subsection (2) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communic…
In a guardianship or conservatorship proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: Hold an evidentiary hearing; Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; Order that an evaluation or assessment be made of the respo…
In a guardianship or conservatorship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state…
As used in ORS 125.815 to 125.835: “Emergency” means a circumstance described in ORS 125.600 (1), and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s behalf. “Home state” means the state in which the respondent was physically present, including any period of temporary abse…
ORS 125.815 to 125.835 provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a conservatorship order for an adult under ORS 125.800 to 125.852. Note: See note under 125.800.
A court of this state has jurisdiction to appoint a guardian or issue a conservatorship order for a respondent if: This state is the respondent’s home state; On the date the petition is filed, this state is a significant-connection state and: The respondent does not have a home state or a court of the respondent’s home state has declined to exercise juris…
A court of this state lacking jurisdiction under ORS 125.820 has special jurisdiction to do any of the following: Appoint a guardian in an emergency as provided for the appointment of a temporary fiduciary under ORS 125.600 for a respondent who is physically present in this state; Issue a conservatorship order with respect to real or tangible personal prop…
Except as provided in ORS 125.822, a court that has appointed a guardian or issued a conservatorship order consistent with ORS 125.800 to 125.852 has exclusive and continuing jurisdiction over the proceeding until the proceeding is terminated by the court or the appointment or order expires by its own terms. Note: See note under 125.800.
A court of this state having jurisdiction under ORS 125.820 to appoint a guardian or issue a conservatorship order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. If a court of this state declines to exercise its jurisdiction under subsection (1) of this section, the court shal…
If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because of unjustifiable conduct, the court may: Decline to exercise jurisdiction; Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent o…
If a petition for the appointment of a guardian or issuance of a conservatorship order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the…
Except for a petition for the appointment of a temporary fiduciary under ORS 125.600 or issuance of a conservatorship order limited to property located in this state under ORS 125.822 (1)(a) or (b), if a petition for the appointment of a guardian or issuance of a conservatorship order is filed in this state and in another state and neither petition has been …
A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator. On the court’s own mo…
To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to ORS 125.837, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state’s provisional order of transfer. Notice of a petition under …
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate count…
If a conservator has been appointed in another state and a petition for a conservatorship order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the conservatorship order in this state by filing as a foreign judgment in a court of this state, in any …
Upon registration of a guardianship or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this s…
In applying and construing ORS 125.800 to 125.852, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Note: See note under 125.800.
ORS 125.800 to 125.852 modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do not modify, limit or supersede section 1(c) of that Act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 3(b) of that Act, 15 U.S.C. 7003(b). Note: See note un…