2019 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 125 - Protective Proceedings
Section 125.323 - Limits on association.

Universal Citation: OR Rev Stat § 125.323 (2019)

(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]

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