ORS 412.028
Petition for and appointment of guardian or conservator

  • costs
  • compensation

(1)

If, after such period as may be prescribed by the Department of Human Services, it appears to the department that the need for money payments of aid to a representative payee is continuing or likely to continue in any case, the department may petition for the judicial appointment of a guardian or a conservator of the estate of the relative referred to in ORS 412.026 (Payment of aid to individual other than relative) (1). If a guardian or a conservator of the estate of the relative is appointed and duly qualified, money payments of aid otherwise payable to the relative, or representative payee, shall be paid to the guardian or the conservator until the department determines that the conditions which would justify money payments of aid to a representative payee under ORS 412.026 (Payment of aid to individual other than relative) no longer exist.

(2)

Subject to funds made available to the department for administrative expenditures, the department shall, with respect to any guardianship or conservatorship established under this section:

(a)

Pay all costs and fees reasonably incurred in obtaining the appointment of the guardian or the conservator, including any necessary bond premiums;

(b)

Pay all costs and fees necessarily incurred by the guardian or the conservator in administering money payments of aid received by the guardian or conservator under this section; and

(c)

Compensate the guardian or the conservator, for the fees in administering the money payments, according to schedules of fees prescribed by rule or regulation of the department. [Formerly 418.054]

Source: Section 412.028 — Petition for and appointment of guardian or conservator; costs; compensation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors412.­html.

412.001
Definitions 412.002
Legislative findings 412.006
Administration of temporary assistance for needy families program 412.007
Determination of amount of aid 412.009
Engagement in JOBS 412.011
Support service payments to prevent loss of employment 412.014
State Family Pre-SSI/SSDI program 412.016
Enrollment in educational institution as allowable work activity 412.024
Assignment of support rights 412.026
Payment of aid to individual other than relative 412.028
Petition for and appointment of guardian or conservator 412.029
Expenditures limited to needs of beneficiary 412.034
Denial of aid when unemployed parent refuses employment 412.039
Cooperation of department with Director of Employment Department and all available workforce services to find employment for parent 412.044
Cooperation with other agencies to provide vocational training 412.049
Powers and duties of department 412.054
Application for aid 412.059
Investigation of eligibility of child 412.064
Authority to determine eligibility 412.069
Appeal from denial of or failure to act on application or from modification or cancellation of aid 412.074
Use and custody of records of temporary assistance for needy families program 412.079
Time limits 412.084
Minor parents’ eligibility to receive assistance and support services 412.089
Referral to mental health or drug abuse professional 412.094
Public officials to cooperate in locating and furnishing information concerning parents of children receiving or applying to receive public assistance and in prosecuting nonsupport cases 412.109
Policy on absent parent 412.124
Post-TANF aid to employed families 412.139
Duties of department relating to federal law 412.144
Duties of department relating to other agencies 412.151
Statewide electronic benefits transfer system 412.155
Additional monthly payments of elderly rental assistance 412.161
Policy on two-parent families 412.991
Criminal penalties
Green check means up to date. Up to date

Current through early 2024

§ 412.028’s source at oregon​.gov