reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.090 - Termination of proceedings.

(1) A protected person is entitled to the same rights and procedures provided in the original proceedings when a motion to terminate the protective proceeding is filed and a fiduciary opposes the motion. The fiduciary has the burden of proving by clear and convincing evidence that a protected person continues to be incapacitated or financially incapable if a motion to terminate a protective proceeding is filed and the fiduciary opposes the motion. A visitor must be appointed if a motion for termination of a guardianship is filed and objections are filed to the motion. A visitor may be appointed if a motion for termination of a conservatorship is filed.
(2) The court may terminate protective proceedings upon motion after determining any of the following:
(a) The appointment of a fiduciary or other protective order was made because the protected person was a minor, and the protected person has attained the age of majority.
(b) The appointment of a fiduciary or other protective order was made because the protected person was incapacitated, and the protected person is no longer incapacitated.
(c) The appointment of a fiduciary or other protective order was made because the protected person was financially incapable, and the protected person is no longer financially incapable or the conditions of ORS 125.535 have been met.
(d) The protected person has died.
(e) The best interests of the protected person would be served by termination of the proceedings.
(f) If the appointment of a guardian was made because the protected person was a vulnerable youth:
(A) The protected person has attained 21 years of age;
(B) The protected person moved the court to terminate the guardianship; or
(C)(i) The guardian or other person moved the court to terminate the guardianship;
(ii) The motion is supported by a declaration establishing that a substantial change has occurred in the circumstances of the protected person or of the guardian; and
(iii) The best interests of the protected person would be served by termination of the guardianship.
(3) The court shall terminate a protective proceeding by entry of a general judgment. [1995 c.664 §14; 2005 c.568 §37; 2021 c.399 §8]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.095 - Fees, costs and disbursements payable in protective proceedings.

(1) Funds of a person subject to a protective proceeding may be used to pay reasonable fees, costs and disbursements to any visitor, attorney, physician, fiduciary or temporary fiduciary for services related to the protective proceeding or for services provided on behalf of a fiduciary, respondent, petitioner, cross-petitioner, objector or protected person.
(2) Prior court approval is required before the payment of fees from the funds of a person subject to a protective proceeding when the payment is to:
(a) A physician if the fees are incurred for services relating to proceedings arising out of the filing of an objection to a petition, cross-petition or motion.
(b) An appointed fiduciary, except that prior court approval is not required before payment of fees to a conservator if the conservator is a trust company that has complied with ORS 709.030, or if the conservator is the Department of Veterans’ Affairs.
(c) Any attorney who has provided services relating to a protective proceeding, including services provided in preparation or anticipation of the filing of a petition in a protective proceeding.
(3) Subject to ORS 125.495 to 125.520, prior court approval is not required before:
(a) Payment of attorney fees incurred prior to the filing of a petition in a protective proceeding for services unrelated to the protective proceeding; or
(b) Payment for services provided by an attorney who is hired as a mediator for mediation services related to a protective proceeding.
(4) A pleading that alleges a basis for payment of attorney fees is not required before payment of attorney fees is approved or made under this section.
(5) ORCP 68 does not apply to requests for approval and payment of attorney fees made under this chapter. [1995 c.664 §15; 1997 c.631 §409; 2005 c.625 §65; 2013 c.99 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.155 - Visitor’s report.

(1) A visitor shall file a report in writing with the court within 15 days after the visitor is appointed. The court may grant additional time for filing the visitor’s report upon a showing of necessity and good cause.
(2) The report of the visitor appointed at the time a petition is filed requesting the appointment of a fiduciary must include the following:
(a) A statement of information gathered by the visitor relating to the correctness of the allegations contained in the petition, whether the appointment of a fiduciary is necessary and whether the nominated fiduciary is qualified and willing to serve.
(b) The name, address and telephone number of each person interviewed for the report, the date of the interview and the relationship of the person interviewed to the respondent.
(c) The recommendations of the visitor with regard to the suitability of the nominated fiduciary, any limitations that should be imposed on the fiduciary and the need for further evaluation.
(d) The recommendation of the visitor on any issue the court specifically asks the visitor to investigate regarding the propriety of appointing a fiduciary for the respondent.
(e) The visitor’s determinations required by ORS 125.150.
(f) Any express communication made by the respondent relating to the desires of the respondent regarding representation by counsel.
(g) Any express communication made by the respondent with respect to whether the respondent is willing to attend a hearing, wishes to contest the appointment of a fiduciary, objects to the nominated fiduciary or prefers another person act as fiduciary.
(3) The State Court Administrator may prescribe one or more forms to be used by visitors for filing their reports.
(4) As soon as possible after a report is filed with the court under the provisions of this section, the clerk of the court shall mail copies of the report to any person who has filed with the court a specific request for a copy of the report. A request made under ORS 125.060 (3)(b) does not meet the requirements of this subsection unless the request specifically requests a copy of the visitor’s report.
(5) The visitor must be present at the hearing on any objections to the appointment of a fiduciary. A visitor is entitled to reasonable compensation for attendance at the hearing. The court shall notify the visitor of the time and place of any hearing on objections to the appointment. [1995 c.664 §17; 2003 c.227 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.160 - Subsequent appointment of visitor.

At any time after the appointment of a fiduciary, the court may appoint a visitor. The court may require the visitor to perform any duty the visitor could have performed if appointed at the time the fiduciary was appointed, including interviewing relevant persons, examining relevant records, reporting in writing to the court and being present at any hearing. [1995 c.664 §18]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.165 - Qualifications and standards for visitors.

(1) A presiding judge shall by court order establish:
(a) Qualifications for persons serving as visitors for the court, in addition to those qualifications established by this section; and
(b) Standards and procedures to be used by visitors in the performance of their duties.
(2) A visitor may be an employee of the court. The visitor may not have any personal interest in the respondent or protected person, or any pecuniary or financial interest in the proceedings, if those interests could compromise or otherwise affect the decisions of the visitor. A visitor may not receive compensation for services rendered as a fiduciary for two or more protected persons at the same time who are not related to the fiduciary.
(3) A visitor must:
(a) Have the training and expertise adequate to allow the person to conduct the interviews and make the recommendations required under ORS 125.150 and 125.155, to communicate with, assess and interact with respondents and protected persons, and to perform the other duties required of a visitor; and
(b) Demonstrate sufficient knowledge of the law so as to be able to inform a respondent or protected person of the nature and effect of a protective proceeding, to inform a respondent or protected person of the rights of the respondent or protected person in the protective proceeding, to answer the questions of a respondent or protected person and to inform fiduciaries concerning their powers and duties. [1999 c.775 §10; 2003 c.227 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.170 - Payment and reimbursement for visitor services.

(1) Not more than once each calendar year, the court may charge a respondent or protected person for any visitor services provided during the year. The court may order reimbursement to the state from the assets of the respondent or protected person for the cost of any interview or report unless the court finds that the assessment would impose a hardship on the respondent or protected person. If the respondent or protected person is receiving public assistance or medical assistance, as defined in ORS 414.025, there is a rebuttable presumption that charging a respondent or protected person for the services of a visitor would impose a hardship.
(2) The presiding judge by court order shall establish fees for visitors conducting interviews and preparing reports.
(3) All amounts collected under this section in reimbursement for visitor services shall be forwarded to the State Court Administrator and are continuously appropriated to the State Court Administrator. Funds appropriated to the State Court Administrator under this section may be used by the State Court Administrator for the purpose of funding visitor services provided under ORS 125.150 and 125.155. [1999 c.775 §9; 2003 c.227 §1; 2013 c.688 §21]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.200 - Preferences in appointing fiduciary.

The court shall appoint the most suitable person who is willing to serve as fiduciary after giving consideration to the specific circumstances of the respondent, any stated desire of the respondent, the relationship by blood or marriage of the person nominated to be fiduciary to the respondent, any preference expressed by a parent of the respondent, the estate of the respondent and any impact on ease of administration that may result from the appointment. [1995 c.664 §19]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.205 - Persons not qualified to act as fiduciary.

(1) A person is not qualified to serve as a fiduciary if the person:
(a) Is incapacitated, financially incapable or a minor;
(b) Is acting as a health care provider, as defined in ORS 127.505, for the protected person; or
(c) Is the protected person’s parent or former guardian and:
(A) At any time while the protected person was under the care, custody or control of the person, a court entered an order:
(i) Taking the protected person into protective custody under ORS 419B.150; or
(ii) Committing the protected person to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and
(B) The court entered a subsequent order that:
(i) The protected person should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the protected person to be returned to the person’s home, and no subsequent order of the court was entered that permitted the protected person to return to the person’s home before the protected person’s wardship was terminated under ORS 419B.328; or
(ii) Terminated the person’s parental rights under ORS 419B.500 and 419B.502 to 419B.524.
(2) A protected person, while not incapacitated, may petition the court to remove a prohibition contained in subsection (1)(c) of this section. [1995 c.664 §20; 2011 c.194 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.210 - Circumstances requiring notice to court.

(1)(a) A person nominated as a fiduciary shall inform the court of the circumstances of an event before the person is appointed if the person:
(A) Has been convicted of a crime;
(B) Has filed for or received protection under the bankruptcy laws;
(C) Has caused any loss resulting in a surcharge under ORS 125.025 (3)(e) or a similar statute of another jurisdiction;
(D) Has been removed as a fiduciary under ORS 125.225; or
(E) Has had a license revoked or canceled that was required by the laws of any state for the practice of a profession or occupation.
(b) If the person nominated as a fiduciary is also the petitioner, the information required by this subsection may be provided in the petition for appointment of a fiduciary in the manner specified by ORS 125.055.
(2) A person who is appointed as a fiduciary shall inform the court of the circumstances of an event immediately if the person:
(a) Is convicted of a crime;
(b) Files for or receives protection under the bankruptcy laws;
(c) Causes any loss resulting in a surcharge under ORS 125.025 (3)(e) or a similar statute of another jurisdiction;
(d) Is removed as a fiduciary under ORS 125.225; or
(e) Has a license revoked or canceled that is required by the laws of any state for the practice of a profession or occupation.
(3) A person who is required to give notice to the court under subsection (2) of this section shall also give notice to those persons listed in ORS 125.060 (3).
(4) The court may decline to appoint a person as a fiduciary, or may remove a person as a fiduciary, if the person fails to comply with the provisions of this section. [1995 c.664 §21; 2018 c.59 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.215 - Acceptance of appointment as fiduciary; notice of proceedings to fiduciary.

(1) If the person filing a petition in a protective proceeding is also nominated in the petition as fiduciary for the respondent, the signature of the petitioner on the petition acts as acceptance of appointment upon entry of an order appointing the petitioner as fiduciary. If the person nominated as a fiduciary is not the petitioner, the person nominated must file an acceptance of the appointment before the entry of the order appointing the fiduciary.
(2) A fiduciary must promptly file with the court any change in the name, residence or post-office address of the fiduciary.
(3) Subject to ORS 125.800 to 125.852 for adults as defined in ORS 125.802, the court has personal jurisdiction over any person who accepts appointment as a fiduciary for the purpose of any matter relating to the protective proceeding, whether the person is a resident or nonresident of this state.
(4) Notice of an objection, motion or other matter in a protective proceeding may be personally served on the fiduciary or mailed to the fiduciary or the fiduciary’s attorney by ordinary mail at the address listed in the court records and to any address for the fiduciary or the fiduciary’s attorney known to the person giving notice. [1995 c.664 §22; 2009 c.179 §25]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.225 - Removal of fiduciary.

(1) A court shall remove a fiduciary whenever that removal is in the best interests of the protected person.
(2) In addition to any other grounds, the court may remove a conservator if the conservator fails to use good business judgment and diligence in the management of the estate under the control of the conservator. The court may apply a higher standard of care to a conservator who claims to have greater than ordinary skill or expertise.
(3) In addition to any other grounds, the court may remove a guardian if the court determines the guardian:
(a) Unreasonably limits the protected person’s associations under ORS 125.323;
(b) Fails to perform the guardian’s duties required under ORS 125.315 (1)(g) to (i); or
(c) Changes the abode of the adult protected person or places the protected person in a mental health treatment facility, a nursing home or other residential facility and:
(A) Failed to disclose in the petition for appointment that the guardian intended to make the placement; or
(B) Failed to comply with ORS 125.320 (3) before making the placement.
(4) On termination of the authority of a fiduciary, an interim fiduciary may be appointed by the court to serve for a period not to exceed 60 days. An interim fiduciary under this subsection may be appointed by the court without the appointment of a visitor, additional notices or any other additional procedure, except as may be determined necessary by the court.
(5) Upon termination of the authority of a fiduciary, the court may appoint a successor fiduciary. A petition for appointment as successor fiduciary must be filed in the same manner as provided for an original petition, and is subject to all provisions applicable to an original petition for the appointment of a fiduciary. No filing fee shall be charged or collected for the filing of a petition for the appointment of a successor fiduciary. [1995 c.664 §24; 2017 c.391 §4; 2019 c.198 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.230 - Termination of fiduciary’s authority; discharge of fiduciary.

(1) Except as provided in subsection (3) of this section, a fiduciary’s authority terminates upon the death, resignation or removal of the fiduciary or upon the protected person’s death. If the fiduciary is a guardian appointed solely by reason of the minority of the protected person, the fiduciary’s authority terminates upon the protected person attaining 18 years of age.
(2) Resignation or removal of a fiduciary does not discharge the fiduciary until a final report or accounting has been approved by the court, any surety exonerated and the fiduciary discharged by order of the court.
(3) A guardian retains the authority to direct disposition of the remains of a deceased protected person if the guardian is unaware of any contact during the 12-month period immediately preceding the death of the protected person between the protected person and any person with priority over the fiduciary to control disposition of the remains under ORS 97.130 or to make an anatomical gift under ORS 97.965. [1995 c.664 §25; 1997 c.472 §11; 2007 c.681 §26]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.242 - Exemptions for financial institutions and trust companies.

ORS 125.221 and 125.240 do not apply to a financial institution, as defined in ORS 706.008, a trust company, as defined in ORS 706.008, or the Oregon Public Guardian and Conservator in proceedings under ORS 125.675 to 125.691. [1999 c.774 §5; 2017 c.310 §9]
Note:
125.242 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 125 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.300 - In general.

(1)(a) Except as provided in paragraph (b) of this subsection, a guardian may be appointed for an adult person only as is necessary to promote and protect the well-being of the protected person. A guardianship for an adult person must be designed to encourage the development of maximum self-reliance and independence of the protected person and may be ordered only to the extent necessitated by the person’s actual mental and physical limitations.
(b) A guardian may be appointed for an adult person if there is clear and convincing evidence that the person is a vulnerable youth. A guardianship for a vulnerable youth must be designed to encourage the development of maximum self-reliance and independence of the vulnerable youth and may be ordered only to the extent that the vulnerable youth consents and that is necessitated by the circumstances justifying the appointment of a guardian for the vulnerable youth.
(2) An adult protected person for whom a guardian has been appointed is not presumed to be incompetent.
(3) A protected person retains all legal and civil rights provided by law except those that have been expressly limited by court order or specifically granted to the guardian by the court. Rights retained by the person include but are not limited to the right to contact and retain counsel and to have access to personal records. [1995 c.664 §27; 2021 c.399 §10]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 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, the respondent is incapacitated or the respondent is a vulnerable youth;
(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; 2021 c.399 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.310 - Letters of guardianship.

The court shall issue letters of guardianship to the guardian after the filing of any acceptance of the appointment and bond that may be required. A copy of the order appointing the guardian must be attached to the letters of guardianship. Letters of guardianship must be in substantially the following form:
______________________________________________________________________________
State of Oregon, )
) LETTERS OF
County of ___ ) GUARDIANSHIP
BY THESE LETTERS OF GUARDIANSHIP be informed:
That on ___ (month) ___ (day), 2___, the _____ Court, ___ County, State of Oregon, appointed _____ (name of guardian) guardian for _____ (name of protected person) and that the named guardian has qualified and has the authority and duties of guardian for the named protected person as provided in the order appointing the guardian, a copy of which is attached to these letters.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the court at my office on ___ (month) ___ (day), 2___.
________, Clerk of the Court
By ________, Deputy
______________________________________________________________________________ [1995 c.664 §29]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.320 - Limitations on guardian.

(1) A guardian may not authorize the sterilization of the protected person.
(2) A guardian may not use funds from the protected person’s estate for room and board that the guardian or guardian’s spouse, parent or child have furnished the protected person unless the charge for the service is approved by order of the court before the payment is made.
(3)(a) Before a guardian may change the abode of an adult protected person or place an adult protected person in a mental health treatment facility, a nursing home or other residential facility, the guardian must file with the court and serve a statement declaring that the guardian intends to make the change of abode or placement in the manner set forth in paragraph (b) of this subsection.
(b)(A) The statement must be filed and served in the manner provided for serving a motion under ORS 125.065 to the persons specified in ORS 125.060 (3) and (8) at least 15 days prior to each change of abode or placement of the protected person.
(B) When the guardian determines that the change of abode or placement must occur in less than 15 days to protect the immediate health, welfare or safety of the protected person or others, the statement shall declare that the change of abode or placement must occur in less than 15 days to protect the immediate health, welfare or safety of the protected person or others. The statement must be filed and served with as much advance notice as possible, in no event later than two judicial days after the change of abode or placement occurs. The guardian may make the change of abode or placement prior to a hearing on any objection.
(c) In addition to the requirements of ORS 125.070 (1), the notice given to the protected person must clearly indicate the manner in which the protected person may object to the proposed placement.
(d) The court shall schedule a hearing on any objection to a statement filed under this subsection made in the manner provided by ORS 125.075 for presenting objections to a petition or motion in a protective proceeding. If no objection is made, the guardian may change the abode of the adult protected person or place the adult protected person in a mental health treatment facility, a nursing home or other residential facility without further court order.
(e) The requirement that notice be served on an attorney for a protected person under ORS 125.060 (8) does not impose any responsibility on the attorney receiving the notice to represent the protected person in the protective proceeding.
(4) A guardian for a protected person who is a vulnerable youth may not possess or control the vulnerable youth’s identity documents. [1995 c.664 §31; 2001 c.473 §1; 2005 c.498 §3; 2017 c.391 §5; 2021 c.399 §12]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.323 - Limits on association.

(1) As used in this section:
(a) "Association" means communication, visitation or other social interaction with third parties; and
(b) "Interested person" means a protected person, a person with whom association is being limited, any fiduciary for the protected person or any person who has filed a request for notice in the proceedings.
(2) A guardian may not limit a protected person’s preferred associations, except:
(a) As specifically allowed by the court; or
(b) To the extent the guardian determines necessary to avoid unreasonable harm to the protected person’s health, safety or well-being.
(3) If a protected person is unable to communicate, the protected person’s preferred association shall be presumed based on the prior relationship between the protected person and the person with whom the association is contemplated.
(4)(a) If a guardian limits a protected person’s association as provided in subsection (2)(b) of this section, an interested person may move the court to modify the guardian’s powers with respect to limiting the association.
(b) Motions under this subsection must be in writing, except that a protected person may move the court orally in person or by other means that are intended to convey the protected person’s motion to the court. The court shall designate the manner in which an oral motion may be made that ensures that a protected person will have the protected person’s motion presented to the court. The clerk of the court shall provide a means of reducing the oral motion to a signed writing for the purpose of filing the motion.
(c) Any limits on a protected person’s associations in effect on the date a motion is filed under this subsection remain in effect pending the court’s action under paragraph (e) of this subsection.
(d) The court shall schedule the hearing required under ORS 125.080 (3) on a motion under this subsection no later than 60 days following the date the motion is filed with the court. The person making the motion shall give notice to all persons entitled to notice under ORS 125.060 (3) of the date, time and place of the scheduled hearing at least 15 days before the date set for the hearing. Notice shall be given in the manner prescribed by ORS 125.065. The court for good cause shown may provide for a different method or time of giving notice under this subsection.
(e) If the court determines that the guardian unreasonably limited association under this section, the court may:
(A) Permit the association, with or without limitations;
(B) Modify the guardian’s powers to limit the protected person’s associations;
(C) Remove the guardian; or
(D) Award reasonable attorney fees and court costs associated with the motion. [2019 c.198 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.330 - Limitations on guardian appointed for person committed to custody of Department of Corrections.

(1) Except as provided in subsection (2) of this section, a guardian appointed for a person committed to the legal and physical custody of the Department of Corrections may not exercise those powers specified in ORS 125.315 (1)(a) or (b) while the person remains confined.
(2) A guardian appointed for a person committed to the legal and physical custody of the Department of Corrections may take reasonable care of the person’s clothing, furniture and other personal effects that are not located at the person’s place of confinement.
(3) A guardian appointed for an incarcerated person may exercise those powers specified in ORS 125.315 (1)(c) only to the extent that the exercise of those powers is consistent with the protected person’s status as a confined person and with the powers and duties of the superintendent or other officials of the facility. In no event may a guardian appointed for a person committed to the legal and physical custody of the Department of Corrections exercise more authority over health care decisions than the protected person could exercise given the person’s status as a confined person. [1999 c.122 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.400 - Order of appointment.

Upon the filing of a petition seeking the appointment of a conservator, the court may appoint a conservator and make other appropriate protective orders if the court finds by clear and convincing evidence that the respondent is a minor or financially incapable, and that the respondent has money or property that requires management or protection. [1995 c.664 §33]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.405 - Letters of conservatorship.

The court shall issue letters of conservatorship to the conservator after the filing of any acceptance of the appointment and bond that may be required. Letters of conservatorship must be in substantially the following form:
______________________________________________________________________________
State of Oregon, )
) LETTERS OF
County of ___ ) CONSERVATORSHIP
BY THESE LETTERS OF CONSERVATORSHIP be informed:
That on ___ (month) ___ (day), 2___, the _____ Court, ___ County, State of Oregon, appointed _____ (name of conservator) conservator of the estate of _____ (name of protected person) and that the named conservator has qualified and has the authority and duties of conservator of the estate of the named protected person as provided by law.
LIMITATIONS: _______________
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the court at my office on ___ (month) ___ (day), 2___.
________, Clerk of the Court
By ________, Deputy
______________________________________________________________________________ [1995 c.664 §34]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.410 - Conservator’s bond.

(1) Except as provided in subsection (2) of this section, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservator according to law, with sureties as specified by the court. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the control of the conservator plus one year’s estimated income minus the value of securities and money deposited under arrangements requiring an order of the court for their removal and the value of any real property that the conservator, by express limitation of power, lacks power to sell or convey without court authorization.
(2)(a) The court may waive a bond for good cause shown.
(b) Subsection (1) of this section does not affect the provisions of ORS 709.240, relating to a trust company acting as fiduciary, ORS 125.715, relating to a county public guardian and conservator acting as fiduciary, ORS 125.687, relating to the Oregon Public Guardian and Conservator or a deputy public guardian and conservator acting as fiduciary under ORS 125.675 to 125.691, or ORS 406.050 (10), relating to the Department of Veterans’ Affairs acting as fiduciary.
(3) Sureties for a bond required under this section are jointly and severally liable with the conservator and with each other.
(4) Letters of conservatorship may not be issued until the bond required by this section is approved by the court.
(5) The bond of the conservator continues in effect until the sureties on the bond are released by order of the court.
(6) The court may at any time increase or reduce the amount of the bond required of a conservator for the protection of the protected person and the estate of the protected person.
(7) If a surety on a bond required by this section gives notice of intent to cancel the bond, the conservator shall execute and file in the protective proceeding a new bond before the cancellation date specified by the surety. The new bond shall be in the amount and subject to those conditions that may be required by the court. If the conservator fails to file a new bond, the authority of the conservator ends on the date specified by the surety for cancellation of the bond. The letters of conservatorship issued to the conservator are void from that date, and the conservator must make and file the final accounting of the conservator. [1995 c.664 §36; 2001 c.102 §5; 2005 c.625 §66; 2009 c.602 §4; 2014 c.117 §21; 2015 c.381 §7]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.415 - Termination of bond by surety.

(1) A surety may cancel the obligation of the surety upon notice in writing to the conservator and the court. The notice shall specify an effective date for the cancellation that is not less than 30 days after the date of the notice.
(2) A surety’s obligation under a bond shall continue until court approval of an accounting covering the period during which the bond was effective and an order is entered releasing the sureties. [1995 c.664 §37]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.420 - Power of conservator over property of protected person.

A conservator shall take possession of all the property of substantial value of the protected person, and of rents, income, issues and profits from those properties whether accruing before or after the appointment of the conservator. The conservator shall also take possession of all proceeds from the sale, mortgage, lease or other disposition of property of the protected person. The conservator may permit the protected person to retain possession and control of property and funds for living requirements as appropriate to the needs and capacities of the protected person. The title to all property of the protected person is in the protected person and not in the conservator. [1995 c.664 §38]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.425 - Powers of conservator to pay expenses of protected person and dependents.

(1) A conservator may expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or benefit of the protected person and the dependents of the protected person after the conservator considers recommendations relating to the appropriate standard of support, education, care and benefit for the protected person made by any parent or guardian of the protected person. The conservator is not personally responsible for sums paid to persons or organizations furnishing support, education, care or benefit to the protected person pursuant to the recommendations of a parent or guardian of the protected person unless:
(a) The conservator knows that the parent or guardian is deriving personal financial benefit from those payments; or
(b) The recommendations made by the parent or guardian clearly are not in the best interests of the protected person.
(2) A conservator may expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or benefit of the protected person and the dependents of the protected person if those amounts are reasonably necessary for the support, education, care or benefit of the protected person with due regard to:
(a) The size of the estate, the probable duration of the conservatorship and the likelihood that the protected person, at some future time, may be fully able to manage the affairs of the protected person and the estate that has been conserved for the protected person;
(b) The accustomed standard of living of the protected person and members of the household of the protected person; and
(c) Other funds or sources used for the support of the protected person.
(3) A conservator may expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or benefit of the dependents of the protected person, other persons who are members of the protected person’s household who are unable to support themselves and who are in need of support, and any other persons who were receiving support from the protected person before the appointment of the conservator.
(4) The conservator may reimburse any person, including the protected person, who has expended funds for the purposes specified in this section. The conservator may pay any person in advance for those purposes if the conservator reasonably believes that the services will be performed and where advance payments are customary or reasonably necessary under the circumstances. [1995 c.664 §39]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.430 - Sale of protected person’s residence.

(1) A protected person’s principal residence may be sold by a conservator only with the prior approval of the court. A motion seeking prior approval must be filed with the court and notice given to the persons specified in ORS 125.060 (3).
(2) For purposes of this section, "principal residence" means a residence that is owned by the protected person and in which the protected person resides or last resided, whether or not the protected person resides in the residence at the time approval to sell is sought from the court. [1995 c.664 §40]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.435 - Power of conservator to make gifts.

If the estate has adequate funds to provide for the purposes specified in ORS 125.425, a conservator may make gifts on behalf of the protected person for such purposes as the protected person might have been expected to make. The conservator may make gifts without prior court approval of up to $250 to a person in a calendar year, not to exceed an aggregate amount of $1,000 for all gifts in a calendar year. The conservator must have prior court approval for any other gifts. [1995 c.664 §41]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.440 - Acts conservator may perform only with court approval.

A conservator may perform the following acts only with prior court approval:
(1) Convey or release contingent or expectant interests of the protected person in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety.
(2) Create revocable or irrevocable trusts of property of the estate. A trust created by the conservator may extend beyond the period of disability of the protected person or beyond the life of the protected person. A trust created by the conservator must be consistent with the will of the protected person or any other written or oral expression of testamentary intent made by the protected person before the person became incapacitated. The court may not approve a trust that has the effect of terminating the conservatorship unless:
(a) The trust is created for the purpose of qualifying the protected person for needs-based government benefits or maintaining the eligibility of the protected person for needs-based government benefits;
(b) The value of the conservatorship estate, including the amount to be transferred to the trust, does not exceed $50,000;
(c) The purpose of establishing the conservatorship was to create the trust; or
(d) The conservator shows other good cause to the court.
(3) Exercise rights of the protected person to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value.
(4) Disclaim any interest the protected person may have by testate or intestate succession, by inter vivos transfer or by transfer on death deed.
(5) Authorize, direct or ratify any annuity contract or contract for life care.
(6) Revoke a transfer on death deed. [1995 c.664 §42; 2007 c.62 §1; 2011 c.212 §28]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.450 - Voidable transactions.

Any sale or encumbrance to a conservator, the spouse, agent or attorney of the conservator, or any corporation or trust in which the conservator has a substantial beneficial interest, or any transaction that is otherwise affected by a substantial conflict of interest is voidable unless the transaction is approved by the court after the filing of a motion with the court seeking approval of the transaction. [1995 c.664 §44]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.455 - Power of competent protected person over estate.

(1) A protected person, if mentally competent, may make wills, change beneficiaries of life insurance and annuity policies and exercise any power of appointment or any elective right to share in the estate of a deceased spouse.
(2) Except as provided in this section and ORS 125.420, a protected person for whom a conservator has been appointed cannot convey or encumber the estate of the protected person or make any contract or election affecting the estate of the protected person. [1995 c.664 §45]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.460 - Consideration of estate plan of protected person.

In investing the estate, selecting assets of the estate for distribution and utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall take into account any known estate plan of the protected person, including the will of the protected person, any revocable trust of which the protected person is settlor, and any contract, transfer or joint ownership arrangement with provisions for payment or transfer of benefits or interests at the death of the protected person to another or others that the protected person may have originated. The conservator may examine the will of the protected person. [1995 c.664 §46]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.465 - Discovery of property; examination by conservator.

(1) The court may order any person to appear and give testimony by deposition if it appears probable that the person:
(a) Has concealed, secreted or disposed of any property of the protected person;
(b) Has been entrusted with property of the protected person and fails to account for that property to the conservator;
(c) Has concealed, secreted or disposed of any writing, instrument or document relating to the affairs of the protected person;
(d) Has knowledge or information that is necessary to the administration of the affairs of the protected person; or
(e) As an officer or agent of a corporation, has refused to allow examination of the books and records of the corporation that the protected person has a right to examine.
(2) If a person is cited to appear under this section and fails to appear or to answer questions asked as authorized by the order of the court, the person may be held in contempt of court. [1995 c.664 §47]