Protective Proceedings

ORS 125.305
Order of appointment


(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 or the respondent is incapacitated;

(b)

The appointment is necessary as a means of providing continuing care and supervision of the respondent; and

(c)

The nominated person is both qualified and suitable, and is willing to serve.

(2)

The court shall make a guardianship order that is no more restrictive upon the liberty of the protected person than is reasonably necessary to protect the person. In making the order the court shall consider the information in the petition, the report of the visitor, the report of any physician, naturopathic physician or psychologist who has examined the respondent, if there was an examination and the evidence presented at any hearing.

(3)

The court may require that a guardian post bond.

(4)

The Department of Human Services may be appointed guardian of a minor if the minor has no living parents and if no willing, qualified and suitable relative or other person has petitioned the court for appointment as a guardian. [1995 c.664 §28; 2017 c.356 §11]

Notes of Decisions

Juvenile court initiating guardianship must proceed under guardianship statute found in juvenile code, not guardianship statute under probate code. Kelley v. Gibson, 184 Or App 343, 56 P3d 925 (2002)

Guardianship actions involving child who is not subject to court's juvenile dependency jurisdiction and whose legal parent objects to appointment of guardian are subject to requirements of both this section and ORS 109.119. Burk v. Hall, 186 Or App 113, 62 P3d 394 (2003), Sup Ct review denied

Finding that appointment of guardian to make health care decisions for child is necessary by clear and convincing evidence does not require that court find natural parent to be unfit in general. State ex rel Juvenile Department v. Smith, 205 Or App 152, 133 P3d 924 (2006)


Source

Last accessed
Jun. 26, 2021