Title 13, Protective Proceedings; Powers of Attorney; Trusts

(1) 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: (a) File in the conservatorship proceeding a request for a summary determination of the claim by the cour…

(1) The following periods of time shall not be part of the time limited for the commencement of an action under any statute of limitation: (a) The period of time beginning at the presentation of a claim and ending 30 days after the claim is disallowed. (b) If the claim is not all…

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: (1) Funds needed for the current care, maintenance and suppo…

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: (1) Immediately, to the extent that the assets are not required for payment of expenses of administration a…

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 t…

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 …

(1) 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 st…

(1) 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 …

(1) 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. (2) Notice of a petition for the appointment of a temporary fiduciary must be given to the persons sp…

(1) 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: (a) When the temporary fiduciary completes th…

(1) 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 appointme…

For purposes of ORS 125.675 to 125.691: (1) “Client” means a person who receives public guardian and conservator services from the Oregon Public Guardian and Conservator. (2) “Deputy public guardian and conservator” means a person who is employed by or under contract with the Ore…

(1) 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 Or…

The Oregon Public Guardian and Conservator shall: (1) Educate the public about the role and function of the Oregon Public Guardian and Conservator and about public guardian and conservator services. (2) Provide public guardian and conservator services for persons who do not have …

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 …

(1) 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 an…

(1) 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. (2) A volunteer of the Oregon Public Guardian …

(1) 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 Conser…

(1) 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: (a) Moneys appropriated o…

(1) 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 Perso…

(1) As used in this section and ORS 125.694, “highly vulnerable adult” means a person with a disability who is: (a) At least 18 years of age; (b) At imminent risk of serious harm; and (c) Unable to independently protect the person from the harm due to the effects of the person’s …

(1) As used in this section, “personal representative” and “protected health information” have the meanings given those terms in ORS 192.556. (2) All information and records acquired by a high-risk team established under ORS 125.693 in the exercise of its duties are confidential …

The county court or board of county commissioners of any county: (1) 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…

(1) 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 o…

(1) 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 …

(1) 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 sha…

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 …

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…

(1) 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 cours…

ORS 125.800 to 125.852 may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. [2009 c.179 §1] 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 ther…

As used in ORS 125.800 to 125.852: (1) “Adult” means an individual who has attained 18 years of age. (2) “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under ORS chapter 125. (3) “Conservatorship order” mea…

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. [2009 c.179 §3] Note: See note under 125.800.

(1) 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 …

(1) 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: (a) Hold an evidentiary hearing; (b) Order a person in that state to produce evidence or give testimony pursuant…

(1) 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 o…

(1) As used in ORS 125.815 to 125.835: (a) “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. (b) “Home state” means the st…

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. [2009 c.179 §8] 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: (1) This state is the respondent’s home state; (2) On the date the petition is filed, this state is a significant-connection state and: (a) The respondent does not h…

(1) A court of this state lacking jurisdiction under ORS 125.820 has special jurisdiction to do any of the following: (a) 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 th…

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 or…

(1) 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. (2) If a court of this state dec…

(1) 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: (a) Decline to exercise jurisdiction; (b) Exercise jurisdiction for the limited purpose of fas…

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 th…

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 …

(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (2) 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…

(1) 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 c…