ORS 125.325
Guardian’s report

(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 under ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act), if the declarant is physically outside the boundaries of the United States. Copies of the guardian’s report must be given to those persons specified in ORS 125.060 (Who must be given notice) (3). Except as provided in subsection (6) of this section, the report must be in substantially the following form:
In the Matter of the ) No. ______
Guardianship of )
____________, )
person) )
A Protected )
Person. )
GUARDIAN’S REPORT
I am the guardian for the person named above, and I make the following report to the court as required by law:
1. My name is ____________.
2. My address and telephone number are:
______________________
______________________
Phone ____________
3. The name, if applicable, and address of the place where the person now resides are:
______________________
______________________
4. The person is currently residing at the following type of facility or residence:
______________________
5. The person is currently engaged in the following programs and activities and receiving the following services (brief description):
______________________
6. I was paid for providing the following items of lodging, food or other services to the person:
______________________
______________________
7. The name of the person primarily responsible for the care of the person at the person’s place of residence is:
______________________
8. The name and address of any hospital or other institution where the person is now admitted on a temporary or permanent basis are:
______________________
______________________
9. The person’s physical condition is as follows (brief description):
______________________
______________________
10. The person’s mental condition is as follows (brief description):
______________________
______________________
11. Facts that support the conclusion that the person is incapacitated include the following:
______________________
12. I made the following contacts with the person during the past year (brief description):
______________________
13. I limited the person’s association with _____ (Please specifically name any limitations and briefly describe the limitation):
______________________
14. I made the following major decisions on behalf of the person during the past year (brief description):
______________________
15. I believe the guardianship should or should not continue because:
______________________
16. At the time of my last report, I held the following amount of money on behalf of the person: $______. Since my last report, I received the following amount of money on behalf of the person: $______. I spent the following amount of money on behalf of the person: $______. I now hold the following amount of money on behalf of the person: $______.
17. A true copy of this report will be given to the person, any conservator for the person and any other person who has requested notice.
18. Since my last report:

(a)

I have been convicted of the following crimes (not including traffic violations):
______________________

(b)

I have filed for or received protection from creditors under the Federal Bankruptcy Code (yes or no): _____.

(c)

I have had a professional or occupational license revoked or suspended (yes or no): _____.

(d)

I have had my driver license revoked or suspended (yes or no): _____.
19. Since my last report, I have delegated the following powers over the protected person for the following periods of time (provide name of person powers delegated to):
______________________
I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.
Dated this ___ day of ________, 2___.
______________________
Guardian
NOTICE: ANY PERSON INTERESTED IN THE AFFAIRS OR WELFARE OF THE PROTECTED PERSON WHO IS THE SUBJECT OF THIS REPORT WHO HAS CONCERNS ABOUT THIS REPORT OR THE GUARDIAN’S PERFORMANCE MAY CONTACT THE COURT AS FOLLOWS:

(2)

If the guardian indicates in the report under subsection (1) of this section that the guardianship should not continue or fails to provide adequate information in the report supporting the continuing need for the guardianship, the court shall order the guardian to supplement the report or to file a motion to terminate the protective proceeding under ORS 125.090 (Termination of proceedings).

(3)

Failure of the guardian to comply with an order under subsection (2) of this section before the 30th day following the date of the order is grounds for removal under ORS 125.225 (Removal of fiduciary) (1).

(4)

If the guardian fails to comply with an order issued under subsection (2) of this section, the court, on its own motion or on the petition of any other person, shall order the guardian to appear and show cause why the guardian should not be removed.

(5)

The court shall serve a copy of any order issued under subsection (2) or (4) of this section and a copy of the report filed under subsection (1) of this section and supplemental materials, if any, upon those persons entitled to notice under ORS 125.060 (Who must be given notice) (3).

(6)

If a guardian was appointed because the protected person is a vulnerable youth, the court may in its discretion:

(a)

Require a guardian for a vulnerable youth to file written reports with the court more frequently than required under subsection (1) of this section; or

(b)

Permit the report to be in an alternate form approved in advance by the court. [1995 c.664 §32; 1997 c.717 §6; 2007 c.284 §4; 2013 c.218 §16; 2017 c.391 §6; 2019 c.77 §3; 2019 c.198 §6; 2021 c.399 §13]

Source: Section 125.325 — Guardian’s report, https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html.

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

§ 125.325’s source at oregon​.gov