2021 Oregon Revised Statutes
Chapter 125 - Protective Proceedings
Section 125.315 - General powers and duties of guardian.


(a) Except to the extent of any limitation under the order of appointment, the guardian has custody of the protected person and may establish the protected person’s place of abode within or without this state.
(b) The guardian shall provide for the care, comfort and maintenance of the protected person and, whenever appropriate, shall arrange for training and education of the protected person. Without regard to custodial rights of the protected person, the guardian shall take reasonable care of the person’s clothing, furniture and other personal effects unless a conservator has been appointed for the protected person.
(c) Subject to the provisions of ORS 127.505 to 127.660 and subsection (3) of this section, the guardian may consent, refuse consent or withhold or withdraw consent to health care, as defined in ORS 127.505, for the protected person. A guardian is not liable solely by reason of consent under this paragraph for any injury to the protected person resulting from the negligence or acts of third persons.
(d) The guardian may:
(A) Make advance funeral and burial arrangements;
(B) Subject to the provisions of ORS 97.130, control the disposition of the remains of the protected person; and
(C) Subject to the provisions of ORS 97.965, make an anatomical gift of all or any part of the body of the protected person.
(e) The guardian of a minor has the powers and responsibilities of a parent who has legal custody of a child, except that the guardian has no obligation to support the minor beyond the support that can be provided from the estate of the minor, and the guardian is not liable for the torts of the minor. The guardian may consent to the marriage or adoption of a protected person who is a minor.
(f) Subject to the provisions of ORS 125.320 (2), the guardian may receive money and personal property deliverable to the protected person and apply the money and property for support, care and education of the protected person. The guardian shall exercise care to conserve any excess for the protected person’s needs.
(g) The guardian shall promote the self-determination of the protected person and, to the extent practicable, encourage the protected person to participate in decisions, act on the protected person’s own behalf and develop or regain the capacity to manage the protected person’s personal affairs. To accomplish the duties under this paragraph, the guardian shall:
(A) Become or remain personally acquainted with the protected person and maintain sufficient contact with the protected person, including through regular visitation, to know the protected person’s abilities, limitations, needs, opportunities and physical and mental health;
(B) To the extent practicable, identify the values and preferences of the protected person and involve the protected person in decisions affecting the protected person, including decisions about the protected person’s care, dwelling, activities or social interactions; and
(C) Make reasonable efforts to identify and facilitate supportive relationships and services for the protected person.
(h) In making decisions for the protected person, the guardian shall make the decisions the guardian reasonably believes the protected person would make if the protected person were able, unless doing so would unreasonably harm or endanger the welfare or personal or financial interests of the protected person. To determine the decision the protected person would make if able, the guardian shall consider the protected person’s previous or current instructions, preferences, opinions, values and actions, to the extent actually known or reasonably ascertainable by the guardian.
(i) If the guardian cannot make a decision under paragraph (h) of this subsection because the guardian does not know and cannot reasonably determine the decision the protected person would make if able, or the guardian reasonably believes the decision the protected person would make would unreasonably harm or endanger the welfare or personal or financial interests of the protected person, the guardian shall act in accordance with the best interest of the protected person. In determining the best interest of the protected person, the guardian shall consider:
(A) Information received from professionals and persons that demonstrate sufficient interest in the welfare of the protected person;
(B) Other information the guardian believes the protected person would consider if the protected person were able; and
(C) Other factors a reasonable person in the circumstances of the protected person would consider, including consequences for others.
(2) If a conservator has been appointed for the protected person, the guardian may file a motion with the court seeking an order of the court on the duties of the conservator relating to payment of support for the protected person.
(3) A guardian may consent to the withholding or withdrawing of artificially administered nutrition and hydration for a protected person only under the circumstances described in ORS 127.580 (1)(a), (b), (d), (e) or (f) and, if the protected person has a medical condition specified in ORS 127.580 (1)(b), (d), (e) or (f), the condition has been medically confirmed. [1995 c.664 §30; 1997 c.472 §12; 2007 c.230 §1; 2007 c.681 §27; 2019 c.198 §5]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 125 - Protective Proceedings

Section 125.005 - Definitions.

Section 125.010 - Protective proceedings.

Section 125.012 - Petition for protective order; disclosure of information; confidentiality; inspection; visitor report.

Section 125.015 - Jurisdiction of protective proceedings; proceedings in other states.

Section 125.020 - Venue for protective proceedings.

Section 125.025 - Authority of the court in protective proceedings.

Section 125.030 - Use of limited judgment in protective proceedings.

Section 125.035 - Reports to Legislative Assembly regarding protective proceedings.

Section 125.055 - Petitions in protective proceedings.

Section 125.060 - Who must be given notice.

Section 125.065 - Manner of giving notice.

Section 125.070 - Contents of notice.

Section 125.075 - Presentation of objections.

Section 125.080 - Hearing; appointment of counsel.

Section 125.082 - Notice of appointment.

Section 125.085 - Motions after appointment of a fiduciary; disclosure of protected information.

Section 125.090 - Termination of proceedings.

Section 125.095 - Fees, costs and disbursements payable in protective proceedings.

Section 125.098 - Factors in determining award of attorney fees; appeal.

Section 125.120 - Protected person special advocate; appointment; duties; immunity; access to records and information; qualifications, standards and procedures.

Section 125.150 - Appointment of visitors.

Section 125.155 - Visitor’s report.

Section 125.165 - Qualifications and standards for visitors.

Section 125.170 - Payment and reimbursement for visitor services.

Section 125.205 - Persons not qualified to act as fiduciary.

Section 125.210 - Circumstances requiring notice to court.

Section 125.215 - Acceptance of appointment as fiduciary; notice of proceedings to fiduciary.

Section 125.221 - Conflicts of interest.

Section 125.225 - Removal of fiduciary.

Section 125.230 - Termination of fiduciary’s authority; discharge of fiduciary.

Section 125.240 - Professional fiduciaries.

Section 125.242 - Exemptions for financial institutions and trust companies.

Section 125.300 - In general.

Section 125.305 - Order of appointment.

Section 125.310 - Letters of guardianship.

Section 125.315 - General powers and duties of guardian.

Section 125.320 - Limitations on guardian.

Section 125.323 - Limits on association.

Section 125.325 - Guardian’s report.

Section 125.330 - Limitations on guardian appointed for person committed to custody of Department of Corrections.

Section 125.405 - Letters of conservatorship.

Section 125.410 - Conservator’s bond.

Section 125.415 - Termination of bond by surety.

Section 125.425 - Powers of conservator to pay expenses of protected person and dependents.

Section 125.430 - Sale of protected person’s residence.

Section 125.440 - Acts conservator may perform only with court approval.

Section 125.445 - Acts authorized to be performed without prior court approval.

Section 125.455 - Power of competent protected person over estate.

Section 125.465 - Discovery of property; examination by conservator.

Section 125.470 - Filing of inventory required; supplemental inventory.

Section 125.475 - Conservator’s accounting to court; contents.

Section 125.485 - Liability of conservator.

Section 125.490 - Status of persons dealing with conservator.

Section 125.495 - Payment of claims against estate or protected person.

Section 125.500 - Enforcement of claim against estate or protected person.

Section 125.510 - Procedure where claim disallowed.

Section 125.515 - Effect of presentation of claim on statute of limitations.

Section 125.520 - Order of payment of expenses and claims.

Section 125.525 - Termination of conservatorship.

Section 125.540 - Payment of debt and delivery of property to foreign conservator.

Section 125.600 - In general.

Section 125.605 - Procedure for appointment of temporary fiduciary.

Section 125.610 - Report of temporary fiduciary.

Section 125.650 - Other protective orders.

Section 125.675 - Definitions.

Section 125.678 - Appointment; term; responsibilities; delegation of duties; rules.

Section 125.680 - Duties of Oregon Public Guardian and Conservator.

Section 125.683 - Needs assessment; access to records; written plan for services.

Section 125.685 - Deputy public guardian and conservator; volunteer requirements and responsibilities.

Section 125.687 - Limitations of court on appointment of Oregon Public Guardian and Conservator; bond; fees and compensation.

Section 125.689 - Oregon Public Guardian and Conservator Fund.

Section 125.691 - Oregon Public Guardian and Conservator Protected Person Trust Account.

Section 125.693 - High-risk teams; appointment; membership; duties.

Section 125.694 - Confidentiality.

Section 125.700 - Office of county public guardian and conservator; expenses; termination.

Section 125.705 - Effect of vacancy in office of county public guardian and conservator.

Section 125.710 - Powers and duties of county public guardian and conservator.

Section 125.715 - Bond; exoneration of surety.

Section 125.720 - Deposit of funds.

Section 125.725 - Reimbursement of county public guardian and conservator’s expenses from estate of ward or protected person.

Section 125.730 - Fees prohibited.

Section 125.800 - Short title.

Section 125.802 - Definitions.

Section 125.805 - International application.

Section 125.807 - Communication between courts.

Section 125.810 - Cooperation between courts.

Section 125.812 - Taking testimony in another state.

Section 125.815 - Definitions; significant-connection factors.

Section 125.817 - Exclusive basis.

Section 125.820 - Jurisdiction.

Section 125.822 - Special jurisdiction.

Section 125.825 - Exclusive and continuing jurisdiction.

Section 125.827 - Appropriate forum.

Section 125.830 - Jurisdiction declined by reason of conduct.

Section 125.832 - Notice of proceeding.

Section 125.835 - Proceedings in more than one state.

Section 125.837 - Transfer of guardianship or conservatorship to another state.

Section 125.840 - Accepting guardianship or conservatorship transferred from another state.

Section 125.842 - Registration of guardianship orders; fee.

Section 125.845 - Registration of conservatorship orders; fee.

Section 125.847 - Effect of registration.

Section 125.850 - Uniformity of application and construction.

Section 125.852 - Relation to Electronic Signatures in Global and National Commerce Act.