Oregon Statutes 125.683 – Needs assessment; access to records; 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 needs assessment shall, at a minimum:
Terms Used In Oregon Statutes 125.683
- Conservator: means a person appointed as a conservator under the provisions of this chapter. See Oregon Statutes 125.005
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter. See Oregon Statutes 125.005
- Financially incapable: means a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance. See Oregon Statutes 125.005
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probate: Proving a will
(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;
(c) Determine whether information that is available 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)(a) If the person is a resident of a nursing home as defined in ORS § 678.710 or a residential facility as defined in ORS § 441.402, the nursing home or residential facility shall provide the Oregon Public Guardian and Conservator access to the person’s records as is necessary to conduct the needs assessment required under this section.
(b) Any other public agency that has provided or is providing care or services to the person shall disclose to the Oregon Public Guardian and Conservator, upon request, a minimum amount of information about the person for whom the needs assessment is being conducted, including protected health information as defined in ORS § 192.556 and financial information, as is reasonably necessary to prevent or lessen a serious and imminent threat to the health or safety of the person who is the subject of the needs assessment. For purposes of this paragraph, a request from the Oregon Public Guardian and Conservator for the purpose of conducting a needs assessment is presumed to be a situation that will prevent or lessen a serious and imminent threat to the health or safety of the person.
(c) Any health care provider not identified in either paragraph (a) or (b) of this subsection may disclose protected health information to the Oregon Public Guardian and Conservator in accordance with 45 C.F.R. § 164.512 (j) to prevent or lessen a serious or imminent threat to the health or safety of a person if the health care provider, in good faith, believes the disclosure is necessary to prevent or lessen the threat. For purposes of this paragraph, a request from the Oregon Public Guardian and Conservator for disclosure under this paragraph for the purposes of conducting a needs assessment, or the good faith belief and disclosure of the health care provider under this paragraph, are presumed to be situations that will prevent or lessen a serious and imminent threat to the health or safety of the person.
(3) 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; 2017 c.310 § 2]