2015 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 125 - Protective Proceedings
Section 125.683 - Needs assessment; written plan for services.

(1) In providing public guardian and conservator services, the Oregon Public Guardian and Conservator shall conduct a needs assessment for a person who claims or is claimed not to have relatives or friends willing or able to assume the duties of guardianship or conservatorship and who claims or is claimed to lack the financial resources to obtain a private guardian or conservator. The purpose of the needs assessment is to determine the person’s eligibility to receive public guardian and conservator services and to determine the appropriateness of filing a petition for the appointment of a fiduciary or other pleading on behalf of the person in a court having probate jurisdiction. The assessment shall, at a minimum:

(a) Assess the person’s capacity to:

(A) Care for the person’s own safety;

(B) Manage the person’s own financial affairs; and

(C) Attend to and provide for necessities such as food, shelter, clothing and medical care;

(b) Assess the person’s financial resources, based on information available or supplied to the Oregon Public Guardian and Conservator at the time of the assessment;

(c) Determine whether the available information about the person is sufficient to support a finding that the person is incapacitated or financially incapable, and the entry of a court order for the appointment of a fiduciary under ORS 125.010;

(d) Determine whether any other person may be willing and able to serve as the person’s guardian or conservator and, if appropriate, locate and contact that other person;

(e) Determine the type of fiduciary, if any, to request in a petition filed under ORS 125.055, giving preference to the least intrusive form of fiduciary relationship consistent with the best interests of the person; and

(f) Determine how best to provide public guardian and conservator services to the person that are least restrictive to the person’s liberty, that are least intrusive to the person and that provide for the greatest degree of independence that the person is capable of exercising.

(2) For each person determined to be eligible for public guardian and conservator services under this section, the Oregon Public Guardian and Conservator shall develop a written plan setting forth the type and duration of services to be provided by the Oregon Public Guardian and Conservator. The plan shall be included in any nonemergency petition or pleading filed with the court.

[2014 c.117 §5]