Title 13, Protective Proceedings; Powers of Attorney; Trusts

As used in this chapter: (1) “Conservator” means a person appointed as a conservator under the provisions of this chapter. (2) “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…

(1) 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. (2) A protective proceeding is commenced by the filing of a petition in a court with jurisdiction over protective …

(1) As used in this section: (a) “Party” means: (A) A person who is the subject of a petition for a protective order. (B) A person who has petitioned for appointment, or who has been appointed, as a fiduciary for a protected person under this chapter. (C) A person, not otherwise …

(1) The probate courts and commissioners provided for in ORS chapter 111 have exclusive jurisdiction of protective proceedings. (2) 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 prot…

(1) Except as provided in this section, a protective proceeding must be commenced in the county where the respondent resides or is present. (2) 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 c…

(1) 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 up…

(1) The appointment of a fiduciary in a protective proceeding shall be made by limited judgment. (2) The court in a protective proceeding may enter a limited judgment only for the following decisions of the court: (a) A decision on an objection to an accounting. (b) A decision on…

(1) As used in this section: (a) “Case subtype” means guardianship, conservatorship or guardianship and conservatorship. (b) “Case type” means adult protective proceeding or minor protective proceeding. (2) No later than September 15 of each year, the Judicial Department shall su…

Except as otherwise provided by this chapter, the Oregon Rules of Civil Procedure and the Oregon Evidence Code apply in protective proceedings. [1995 c.664 §6]

(1)(a) 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 appointme…

(1) 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. (2) Notice of the filing of a petition for the appointment of a fiduciary or …

(1) 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 resp…

(1) The notice required by ORS 125.060 must contain the following: (a) 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. (b) A copy of the petition or mot…

(1) 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: (a) Any person entitled to receive notice under ORS 125.060. (b) Any steppa…

(1) The court may require that a hearing be held on any petition or motion in a protective proceeding. (2) 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…

(1)(a) Upon appointment, a guardian shall deliver written notice of the order of appointment to the persons described in ORS 125.060 (3). (b)(A) The notice provided to the protected person under this subsection must be delivered in person in a manner reasonably calculated to be u…

(1) 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. (2) On motion of the fiduciary, the court may accep…

(1) 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 tha…

(1) 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 fid…

(1) 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. (2) A court shall consider the following factors in determining wheth…

(1) 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 p…

(1)(a) The court shall appoint a visitor upon the filing of a petition in a protective proceeding that seeks the appointment of: (A) A guardian for an adult respondent; (B) A guardian for a minor respondent who is more than 16 years of age, in cases where the court determines the…

(1) 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. (2) The report of the visitor appointed at the time a petitio…

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 relev…

(1) A presiding judge shall by court order establish: (a) Qualifications for persons serving as visitors for the court, in addition to those qualifications established by this section; and (b) Standards and procedures to be used by visitors in the performance of their duties. (2)…

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. [2025 c.144…

(1) 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 o…

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 …

(1) A person is not qualified to serve as a fiduciary if the person: (a) Is incapacitated, financially incapable or a minor; (b) Is acting as a health care provider, as defined in ORS 127.505, for the protected person; or (c) Is the protected person’s parent or former guardian an…

(1)(a) A person nominated as a fiduciary shall inform the court of the circumstances of an event before the person is appointed if the person: (A) Has been convicted of a crime; (B) Has filed for or received protection under the bankruptcy laws; (C) Has caused any loss resulting …

(1) 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 th…

(1) 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 prov…

(1) A court shall remove a fiduciary whenever that removal is in the best interests of the protected person. (2) 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 esta…

(1) 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 pe…

A fiduciary is not personally liable to third persons for acts of the protected person solely by reason of being appointed fiduciary. [1995 c.664 §26]

(1) 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: (a) Proof that the professional fiduciary, or an individual responsible for making decisions for cl…

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. [1999 c.774 §5; 2017 c.310 §9] Note: 125.242 was enac…

(1)(a) 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 m…

(1) 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: (a) The respondent is a minor in need of a guardian, the respondent is incap…

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 subst…

(1) A guardian has the following powers and duties: (a) 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. (b) The guardian s…

(1) A guardian may not authorize the sterilization of the protected person. (2) 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…

(1) As used in this section: (a) “Association” means communication, visitation or other social interaction with third parties; and (b) “Interested person” means a protected person, a person with whom association is being limited, any fiduciary for the protected person or any pers…

(1) 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 un…

(1) 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. (2) A g…

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 respo…

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: _______________________________________________________…

(1) 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 mu…

(1) 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. (2) A surety’s obligation under a bond shall c…

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 …