Oregon Statutes 419B.367 – Letters of guardianship; reports by guardian; review of reports; legal status and liability of guardian
(1) Upon granting a motion for guardianship under ORS § 419B.366 or upon granting a petition for guardianship under ORS § 419B.365, the court shall issue letters of guardianship to the guardian. As provided in ORS § 419A.255, a guardian may disclose letters of guardianship when necessary to fulfill the duties of a guardian. Letters of guardianship must be in substantially the following form:
Terms Used In Oregon Statutes 419B.367
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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BY THESE LETTERS OF GUARDIANSHIP be informed:
That on ______ (month) ___(day), 2___, the ______ Court,
______County, State of Oregon, appointed ________ (name of guardian) guardian for ________ (name of ward) and that the named guardian has qualified and has the authority and duties of guardian for the named ward including legal custody of the ward, except as provided below.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the court at my office on ______ (month) ___(day), 2___.
______________________________________________________________________________
(2) If the ward is an Indian child and the court finds that an agreement is in place between the Indian child’s tribe and the guardian that requires the guardian to maintain contact between the Indian child and the Indian child’s tribe, the order must include the terms of that agreement.
(3) In the order appointing the guardian, the court shall require the guardian to file with the court a written report within 30 days after each anniversary of appointment and may:
(a) Specify the frequency and nature of visitation or contact between relatives, including siblings, and the ward, if the court determines that visitation or contact is in the ward’s best interests;
(b) Enter an order for child support pursuant to ORS § 419B.400 that complies with ORS § 25.275; and
(c) Make any other order to provide for the ward’s continuing safety and well-being.
(4) The report required under subsection (3) of this section must:
(a) Contain a summary sheet that:
(A) Identifies the written report and includes the date of submission and the name of the submitting person; and
(B) Is maintained as part of the record of the case under ORS § 419A.255 (1);
(b) Be maintained in the supplemental confidential file under ORS § 419A.255 (2); and
(c) Contain an affidavit attesting to the accuracy of the report or contain a declaration under penalty of perjury immediately above the signature line of the guardian as follows: ‘I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.’
(5)(a) Upon timely receipt of a report under subsection (3) of this section, the court shall review the report and maintain the report as described in subsection (4) of this section. The court may:
(A) Direct the local citizen review board to conduct a review;
(B) Subject to the availability of funds, appoint a court visitor and require the visitor to file a report with the court; or
(C) Conduct a court review.
(b) If the court does not receive a report under subsection (3) of this section in a timely manner, the court shall:
(A) Direct the local citizen review board to conduct a review;
(B) Subject to the availability of funds, appoint a court visitor and require the visitor to file a report with the court; or
(C) Conduct a court review.
(6) Except as otherwise limited by the court, a person appointed guardian has legal custody of the ward and the duties and authority of legal custodian and guardian under ORS § 419B.373 and 419B.376. A guardian is not liable to third persons for acts of the ward solely by reason of being appointed guardian. [2003 c.229 § 3; 2005 c.84 § 1; 2007 c.333 § 3; 2013 c.417 § 6; 2015 c.119 § 4; 2015 c.121 § 11; 2020 s.s.1 c.14 § 45]