ORS 125.005
Definitions

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 respect to a protected person under the provisions of this chapter.

(3)

“Financially incapable” means a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance. “Manage financial resources” means those actions necessary to obtain, administer and dispose of real and personal property, intangible property, business property, benefits and income.

(4)

“Guardian” means a person appointed as a guardian under the provisions of this chapter.

(5)

“Incapacitated” means a condition in which a person’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person’s physical health or safety. “Meeting the essential requirements for physical health and safety” means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur.

(6)

“Minor” means any person who has not attained 18 years of age.

(7)

“Protected person” means a person for whom a protective order has been entered.

(8)

“Protective order” means an order of a court appointing a fiduciary or any other order of the court entered for the purpose of protecting the person or estate of a respondent or protected person.

(9)

“Protective proceeding” means a proceeding under this chapter.

(10)

“Respondent” means a person for whom entry of a protective order is sought in a petition filed under ORS 125.055 (Petitions in protective proceedings).

(11)

“Visitor” means a person appointed by the court under ORS 125.150 (Appointment of visitors) for the purpose of interviewing and evaluating a respondent or protected person.

(12)

“Vulnerable youth” means a person who:

(a)

Is at least 18 years of age but has not attained 21 years of age;

(b)

Is eligible for classification under 8 U.S.C. 1101(a)(27)(J); and

(c)

Cannot be reunified with one or more of the person’s parents due to abuse, neglect or abandonment, that occurred when the person was a minor. [1995 c.664 §1; 2007 c.70 §31; 2021 c.399 §1]

Source: Section 125.005 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html.

Notes of Decisions

To establish person is “incapacitated” requires clear and convincing evidence that person has severely impaired perception or communication skills that cause person to be unable to perform essential functions, resulting in threat to life or health. Schaefer v. Schaefer, 183 Or App 513, 52 P3d 1125 (2002)

Law Review Citations

98 OLR 325 (2020)

125.005
Definitions 125.010
Protective proceedings 125.012
Petition for protective order 125.015
Jurisdiction of protective proceedings 125.020
Venue for protective proceedings 125.025
Authority of the court in protective proceedings 125.030
Use of limited judgment in protective proceedings 125.035
Reports to Legislative Assembly regarding protective proceedings 125.050
Application of ORCP and Oregon Evidence Code 125.055
Petitions in protective proceedings 125.060
Who must be given notice 125.065
Manner of giving notice 125.070
Contents of notice 125.075
Presentation of objections 125.080
Hearing 125.082
Notice of appointment 125.085
Motions after appointment of a fiduciary 125.090
Termination of proceedings 125.095
Fees, costs and disbursements payable in protective proceedings 125.098
Factors in determining award of attorney fees 125.120
Protected person special advocate 125.150
Appointment of visitors 125.155
Visitor’s report 125.160
Subsequent appointment of visitor 125.165
Qualifications and standards for visitors 125.170
Payment and reimbursement for visitor services 125.200
Preferences in appointing fiduciary 125.205
Persons not qualified to act as fiduciary 125.210
Circumstances requiring notice to court 125.215
Acceptance of appointment as fiduciary 125.221
Conflicts of interest 125.225
Removal of fiduciary 125.230
Termination of fiduciary’s authority 125.235
Liability of fiduciary 125.240
Professional fiduciaries 125.242
Exemptions for financial institutions and trust companies 125.300
In general 125.305
Order of appointment 125.310
Letters of guardianship 125.315
General powers and duties of guardian 125.320
Limitations on guardian 125.323
Limits on association 125.325
Guardian’s report 125.330
Limitations on guardian appointed for person committed to custody of Department of Corrections 125.400
Order of appointment 125.405
Letters of conservatorship 125.410
Conservator’s bond 125.415
Termination of bond by surety 125.420
Power of conservator over property of protected person 125.425
Powers of conservator to pay expenses of protected person and dependents 125.430
Sale of protected person’s residence 125.435
Power of conservator to make gifts 125.440
Acts conservator may perform only with court approval 125.445
Acts authorized to be performed without prior court approval 125.450
Voidable transactions 125.455
Power of competent protected person over estate 125.460
Consideration of estate plan of protected person 125.465
Discovery of property 125.470
Filing of inventory required 125.475
Conservator’s accounting to court 125.480
Approval of accounting 125.485
Liability of conservator 125.490
Status of persons dealing with conservator 125.495
Payment of claims against estate or protected person 125.500
Enforcement of claim against estate or protected person 125.505
Notice of claim to conservator 125.510
Procedure where claim disallowed 125.515
Effect of presentation of claim on statute of limitations 125.520
Order of payment of expenses and claims 125.525
Termination of conservatorship 125.530
Powers and duties of conservator on death of protected person 125.535
Disposition of small estate 125.540
Payment of debt and delivery of property to foreign conservator 125.600
In general 125.605
Procedure for appointment of temporary fiduciary 125.610
Report of temporary fiduciary 125.650
Other protective orders 125.675
Definitions 125.678
Appointment 125.680
Duties of Oregon Public Guardian and Conservator 125.681
Authority to require fingerprints of employees, volunteers or contractors 125.683
Needs assessment 125.685
Deputy public guardian and conservator 125.687
Limitations of court on appointment of Oregon Public Guardian and Conservator 125.689
Oregon Public Guardian and Conservator Fund 125.691
Oregon Public Guardian and Conservator Protected Person Trust Account 125.693
High-risk teams 125.694
Confidentiality 125.700
Office of county public guardian and conservator 125.705
Effect of vacancy in office of county public guardian and conservator 125.710
Powers and duties of county public guardian and conservator 125.715
Bond 125.720
Deposit of funds 125.725
Reimbursement of county public guardian and conservator’s expenses from estate of ward or protected person 125.730
Fees prohibited 125.800
Short title 125.802
Definitions 125.805
International application 125.807
Communication between courts 125.810
Cooperation between courts 125.812
Taking testimony in another state 125.815
Definitions 125.817
Exclusive basis 125.820
Jurisdiction 125.822
Special jurisdiction 125.825
Exclusive and continuing jurisdiction 125.827
Appropriate forum 125.830
Jurisdiction declined by reason of conduct 125.832
Notice of proceeding 125.835
Proceedings in more than one state 125.837
Transfer of guardianship or conservatorship to another state 125.840
Accepting guardianship or conservatorship transferred from another state 125.842
Registration of guardianship orders 125.845
Registration of conservatorship orders 125.847
Effect of registration 125.850
Uniformity of application and construction 125.852
Relation to Electronic Signatures in Global and National Commerce Act
Green check means up to date. Up to date

Current through early 2024

§ 125.005’s source at oregon​.gov