2017 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 125 - Protective Proceedings
Section 125.320 - Limitations on guardian.

Universal Citation: OR Rev Stat § 125.320 (2017)

(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. [1995 c.664 §31; 2001 c.473 §1; 2005 c.498 §3; 2017 c.391 §5]

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