(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:

Terms Used In Oregon Statutes 125.305

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed as a guardian under the provisions of this chapter. See Oregon Statutes 125.005
  • Incapacitated: means a condition in which a person's ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person's physical health or safety. See Oregon Statutes 125.005
  • Minor: means any person who has not attained 18 years of age. See Oregon Statutes 125.005
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Protected person: means a person for whom a protective order has been entered. See Oregon Statutes 125.005
  • Respondent: means a person for whom entry of a protective order is sought in a petition filed under ORS § 125. See Oregon Statutes 125.005
  • Visitor: means a person appointed by the court under ORS § 125. See Oregon Statutes 125.005
  • Vulnerable youth: means a person who:

    (a) Is at least 18 years of age but has not attained 21 years of age;

    (b) Is eligible for classification under 8 U. See Oregon Statutes 125.005

(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]

 

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