Title 125 · ORS Chapter 125

125.155. [1999 c.775 �9; 2003 c.227 �1; 2013 c.688 �21] FIDUCIARIES GENERALLY �� 125.200 Preferences in appointing fiduciary. The court shall appoint the most suitable person who is willing

Citation: ORS 125.155

Section: 125.155

125.155. [1999 c.775 �9; 2003 c.227 �1; 2013 c.688 �21]

FIDUCIARIES GENERALLY

�� 125.200 Preferences in appointing fiduciary. The court shall appoint the most suitable person who is willing to serve as fiduciary after giving consideration to the specific circumstances of the respondent, any stated desire of the respondent, the relationship by blood or marriage of the person nominated to be fiduciary to the respondent, any preference expressed by a parent of the respondent, the estate of the respondent and any impact on ease of administration that may result from the appointment. [1995 c.664 �19]

�� 125.205 Persons not qualified to act as fiduciary. (1) A person is not qualified to serve as a fiduciary if the person:

�� (a) Is incapacitated, financially incapable or a minor;

�� (b) Is acting as a health care provider, as defined in ORS 127.505, for the protected person; or

�� (c) Is the protected person�s parent or former guardian and:

�� (A) At any time while the protected person was under the care, custody or control of the person, a court entered an order:

�� (i) Taking the protected person into protective custody under ORS 419B.150; or

�� (ii) Committing the protected person to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and

�� (B) The court entered a subsequent order that:

�� (i) The protected person should be permanently removed from the person�s home, or continued in substitute care, because it was not safe for the protected person to be returned to the person�s home, and no subsequent order of the court was entered that permitted the protected person to return to the person�s home before the protected person�s wardship was terminated under ORS 419B.328; or

�� (ii) Terminated the person�s parental rights under ORS 419B.500 and 419B.502 to 419B.524.

�� (2) A protected person, while not incapacitated, may petition the court to remove a prohibition contained in subsection (1)(c) of this section. [1995 c.664 �20; 2011 c.194 �1]

�� 125.210 Circumstances requiring notice to court. (1)(a) A person nominated as a fiduciary shall inform the court of the circumstances of an event before the person is appointed if the person:

�� (A) Has been convicted of a crime;

�� (B) Has filed for or received protection under the bankruptcy laws;

�� (C) Has caused any loss resulting in a surcharge under ORS 125.025 (3)(e) or a similar statute of another jurisdiction;

�� (D) Has been removed as a fiduciary under ORS 125.225; or

�� (E) Has had a license revoked or canceled that was required by the laws of any state for the practice of a profession or occupation.

�� (b) If the person nominated as a fiduciary is also the petitioner, the information required by this subsection may be provided in the petition for appointment of a fiduciary in the manner specified by ORS 125.055.

�� (2) A person who is appointed as a fiduciary shall inform the court of the circumstances of an event immediately if the person:

�� (a) Is convicted of a crime;

�� (b) Files for or receives protection under the bankruptcy laws;

�� (c) Causes any loss resulting in a surcharge under ORS 125.025 (3)(e) or a similar statute of another jurisdiction;

�� (d) Is removed as a fiduciary under ORS 125.225; or

�� (e) Has a license revoked or canceled that is required by the laws of any state for the practice of a profession or occupation.

�� (3) A person who is required to give notice to the court under subsection (2) of this section shall also give notice to those persons listed in ORS 125.060 (3).

�� (4) The court may decline to appoint a person as a fiduciary, or may remove a person as a fiduciary, if the person fails to comply with the provisions of this section. [1995 c.664 �21; 2018 c.59 �3]

�� 125.215 Acceptance of appointment as fiduciary; notice of proceedings to fiduciary. (1) If the person filing a petition in a protective proceeding is also nominated in the petition as fiduciary for the respondent, the signature of the petitioner on the petition acts as acceptance of appointment upon entry of an order appointing the petitioner as fiduciary. If the person nominated as a fiduciary is not the petitioner, the person nominated must file an acceptance of the appointment before the entry of the order appointing the fiduciary.

�� (2) A fiduciary must promptly file with the court any change in the name, residence or post-office address of the fiduciary.

�� (3) Subject to ORS 125.800 to 125.852 for adults as defined in ORS 125.802, the court has personal jurisdiction over any person who accepts appointment as a fiduciary for the purpose of any matter relating to the protective proceeding, whether the person is a resident or nonresident of this state.

�� (4) Notice of an objection, motion or other matter in a protective proceeding may be personally served on the fiduciary or mailed to the fiduciary or the fiduciary�s attorney by ordinary mail at the address listed in the court records and to any address for the fiduciary or the fiduciary�s attorney known to the person giving notice. [1995 c.664 �22; 2009 c.179 �25]

�� 125.220 [1995 c.664 �23; repealed by 1999 c.774 �1 (125.221 enacted in lieu of 125.220)]

�� 125.221 Conflicts of interest. (1) A fiduciary may employ a person in which the fiduciary has a pecuniary or financial interest only after disclosing the nature of the interest to the court if the person is employed for the purpose of providing direct services to the protected person or for the purpose of providing services to the fiduciary that directly affect the protected person. Before the person is employed, the fiduciary must provide the court with the following:

�� (a) A full and accurate disclosure of the pecuniary or financial interest of the fiduciary in the person.

�� (b) A full and accurate disclosure of the services to be performed by the person.

�� (c) A full and accurate disclosure of the anticipated costs to the estate in using the person to provide the services.

�� (2) In addition to the disclosures required by subsection (1) of this section, after making such inquiry as the court deems appropriate, the court may require additional disclosures for the purpose of assessing whether the pecuniary or financial interest of the fiduciary could compromise or otherwise affect decisions made by the fiduciary in carrying out the duties of the fiduciary.

�� (3) The continuing authority of a court over protective proceedings under ORS 125.025 includes the authority to supervise and inquire into:

�� (a) Whether the fiduciary by employing a person in which the fiduciary has a pecuniary or financial interest is acting reasonably to accomplish the purposes for which the fiduciary was appointed.

�� (b) Whether the employment of the person by the fiduciary is necessary to provide the services efficiently and effectively.

�� (c) The extent that the pecuniary or financial interest of the person employed by the fiduciary could compromise or otherwise affect the decisions made by the fiduciary in carrying out the duties of the fiduciary.

�� (4) In addition to the disclosures required by subsections (1) and (2) of this section, prior court approval is required for payment of compensation to a person who is the spouse, parent or child of the fiduciary or to a business entity in which the spouse, parent or child of the fiduciary has an ownership interest and that is employed by the fiduciary to provide direct services to a protected person or to provide services to the fiduciary that directly affect the protected person. The fiduciary must provide the court with the following information:

�� (a) The specific services to be provided;

�� (b) The qualifications of the person providing the services;

�� (c) The rate of compensation charged by the person; and

�� (d) Any other information relevant to either the person providing the services or the services being provided to the protected person, including, but not limited to, loss of a professional license or a criminal conviction.

�� (5) The court may not approve any fees or expenses requested by the fiduciary to the extent that the combined fees of the fiduciary and the person employed by the fiduciary under this section exceed the amount the court finds would have been appropriate for payment to the fiduciary if the fiduciary had provided the services alone.

�� (6) A fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the fiduciary, or any person related to, employed by or affiliated with the fiduciary has:

�� (a) Any direct or indirect ownership interest in the person;

�� (b) A business association with the person; or

�� (c) Any financial involvement with the person.

�� (7) A fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the fiduciary, or any person related to, employed by or affiliated with the fiduciary, receives remuneration or any other financial benefit from the person, without regard to whether that remuneration or benefit is directly tied to the services provided to the fiduciary or protected person.

�� (8) In addition to the grounds specified in subsections (6) and (7) of this section, a fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the relationship between the fiduciary and other person is such that the relationship could compromise or otherwise affect decisions made by the fiduciary in carrying out the duties of the fiduciary.

�� (9) A fiduciary employs a person for the purposes of this section whether the person is engaged as an employee or as an independent contractor. [1999 c.774 �2 (enacted in lieu of 125.220); 2003 c.392 �1]

�� 125.225 Removal of fiduciary. (1) A court shall remove a fiduciary whenever that removal is in the best interests of the protected person.

�� (2) In addition to any other grounds, the court may remove a conservator if the conservator fails to use good business judgment and diligence in the management of the estate under the control of the conservator. The court may apply a higher standard of care to a conservator who claims to have greater than ordinary skill or expertise.

�� (3) In addition to any other grounds, the court may remove a guardian if the court determines the guardian:

�� (a) Unreasonably limits the protected person�s associations under ORS 125.323;

�� (b) Fails to perform the guardian�s duties required under ORS 125.315 (1)(g) to (i); or

�� (c) Changes the abode of the adult protected person or places the protected person in a mental health treatment facility, a nursing home or other residential facility and:

�� (A) Failed to disclose in the petition for appointment that the guardian intended to make the placement; or

�� (B) Failed to comply with ORS 125.320 (3) before making the placement.

�� (4) On termination of the authority of a fiduciary, an interim fiduciary may be appointed by the court to serve for a period not to exceed 60 days. An interim fiduciary under this subsection may be appointed by the court without the appointment of a visitor, additional notices or any other additional procedure, except as may be determined necessary by the court.

�� (5) Upon termination of the authority of a fiduciary, the court may appoint a successor fiduciary. A petition for appointment as successor fiduciary must be filed in the same manner as provided for an original petition, and is subject to all provisions applicable to an original petition for the appointment of a fiduciary. No filing fee shall be charged or collected for the filing of a petition for the appointment of a successor fiduciary. [1995 c.664 �24; 2017 c.391 �4; 2019 c.198 �4]

�� 125.230 Termination of fiduciary�s authority; discharge of fiduciary. (1) Except as provided in subsection (3) of this section, a fiduciary�s authority terminates upon the death, resignation or removal of the fiduciary or upon the protected person�s death. If the fiduciary is a guardian appointed solely by reason of the minority of the protected person, the fiduciary�s authority terminates upon the protected person attaining 18 years of age.

�� (2) Resignation or removal of a fiduciary does not discharge the fiduciary until a final report or accounting has been approved by the court, any surety exonerated and the fiduciary discharged by order of the court.

�� (3) A guardian retains the authority to direct disposition of the remains of a deceased protected person if the guardian is unaware of any contact during the 12-month period immediately preceding the death of the protected person between the protected person and any person with priority over the fiduciary to control disposition of the remains under ORS 97.130 or to make an anatomical gift under ORS 97.965. [1995 c.664 �25; 1997 c.472 �11; 2007 c.681 �26]

�� 125.235 Liability of fiduciary. A fiduciary is not personally liable to third persons for acts of the protected person solely by reason of being appointed fiduciary. [1995 c.664 �26]

�� 125.240 Professional fiduciaries. (1) If a petition seeks the appointment of a professional fiduciary, the petition must contain the following information in addition to that information required under ORS 125.055:

�� (a) Proof that the professional fiduciary, or an individual responsible for making decisions for clients or for managing client assets for the professional fiduciary, is certified by the Center for Guardianship Certification or its successor organization as a National Certified Guardian or a National Master Guardian.

�� (b) A description of the events that led to the involvement of the professional fiduciary in the case.

�� (c) The educational background, professional experience, investment credentials and licensing under ORS chapter 59 of the individual responsible as, or acting on behalf of, the professional fiduciary.

�� (d)(A) The fees charged by the professional fiduciary and whether the fees are on an hourly basis or are based on charges for individual services rendered, including whether there is any revenue sharing arrangement between the professional fiduciary and any other person.

�� (B) The method by which the fees described in subparagraph (A) of this paragraph will be assessed or charged, whether by commissions, monthly charges or any other method.

�� (e) The names of providers of direct services to protected persons that are repeatedly used by the professional fiduciary under contract.

�� (f) The disclosures required under ORS 125.221 if the person nominated to act as a professional fiduciary will employ a person in which the nominated person has a pecuniary or financial interest.

�� (g) The number of protected persons for whom the person performs fiduciary services at the time of the petition.

�� (h) Whether the professional fiduciary has ever had a claim against the bond of the professional fiduciary and a description of the circumstances causing the claim.

�� (i) Whether the professional fiduciary or any staff with responsibility for making decisions for clients or for management of client assets has ever filed for bankruptcy and the date of filing.

�� (j)(A) Whether the professional fiduciary or any staff with responsibility for making decisions for clients or for management of client assets has ever been denied a professional license that is directly related to responsibilities of the professional fiduciary, or has ever held a professional license that is directly related to responsibilities of the professional fiduciary that was revoked or canceled. If such a license has been denied, revoked or canceled, the petition must reflect the date of the denial, revocation or cancellation and the name of the regulatory body that denied, revoked or canceled the license.

�� (B) A professional license under this paragraph includes a certificate described in paragraph (a) of this subsection.

�� (k) A statement that the criminal records check required under subsection (2) of this section does not disqualify the person from acting as a professional fiduciary.

�� (L) Whether the professional fiduciary and any staff responsible for making decisions for clients or for management of client assets is or has been certified by a national or state association of professional fiduciaries, the name of any such association and whether the professional fiduciary or other staff person has ever been disciplined by any such association and the result of the disciplinary action.

�� (m) The name, address and telephone number of the individual who is to act as primary decision maker for the protected person and the name of the person with whom the protected person will have personal contact if that person is not the person who will act as primary decision maker for the protected person.

�� (n) An acknowledgment by the professional fiduciary that the professional fiduciary will make all investments of client assets in accordance with the standards set forth in ORS 130.750 to 130.775.

�� (2)(a) If a petition seeks the appointment of a professional fiduciary as described in subsection (5) of this section, the professional fiduciary and all staff with responsibility for making decisions for clients or for management of client assets must undergo a criminal records check before the court may appoint the professional fiduciary. The results of the criminal records check shall be provided by the petitioner to the court. Results of criminal records checks submitted to the court are confidential, shall be subject to inspection only by the parties to the proceedings and their attorneys, and shall not be subject to inspection by members of the public except pursuant to a court order entered after a showing of good cause. A professional fiduciary must disclose to the court any criminal conviction of the professional fiduciary that occurs after the criminal records check was performed. The criminal records check under this subsection shall consist of a check for a criminal record in the State of Oregon and a national criminal records check if:

�� (A) The person has resided in another state within five years before the date that the criminal records check is performed;

�� (B) The person has disclosed the existence of a criminal conviction; or

�� (C) A criminal records check in Oregon discloses the existence of a criminal record in another jurisdiction.

�� (b) The requirements of this subsection do not apply to any person who serves as a public guardian or conservator, or any staff of a public guardian or conservator, who is operating under ORS 125.700 to 125.730 or 406.050 and who is otherwise required to acquire a criminal records check for other purposes.

�� (3)(a) If a petition seeks the appointment of a county public guardian and conservator operating under the provisions of ORS 125.700 to 125.730, or the appointment of a conservator under ORS 406.050 (10), the petition need not contain the information described in subsection (1)(e) or (m) of this section.

�� (b) If a county public guardian and conservator operating under the provisions of ORS 125.700 to 125.730 is appointed to act as a professional fiduciary, or a conservator operating under the authority of ORS 406.050 (10) is appointed, the public guardian or conservator must file with the court within three days after receipt of written notice of the appointment a statement containing the name, address and telephone number of the individual who will act as primary decision maker for the protected person and the name of the person with whom the protected person will have personal contact if the person named as primary decision maker will not have personal contact with the protected person.

�� (4) If the court appoints a professional fiduciary as described in subsection (5) of this section, the professional fiduciary must update all information required to be disclosed by subsection (1) of this section and provide a copy of the updated statement upon the request of the protected person or upon the request of any person entitled to notice under ORS 125.060 (3). The professional fiduciary must provide an updated statement without demand to the court, the protected person and persons entitled to notice under ORS 125.060 (3) at any time that there is a change in the information provided under subsection (1)(m) or (3)(b) of this section.

�� (5) As used in this section, �professional fiduciary� means a person nominated as a fiduciary or serving as a fiduciary who is acting at the same time as a fiduciary for three or more protected persons who are not related to the fiduciary. [1999 c.774 �4; 2001 c.102 �4; 2001 c.104 �37; 2009 c.602 �3; 2013 c.690 �1; 2014 c.117 �20; 2015 c.364 �1; 2015 c.381 �6]

�� 125.242 Exemptions for financial institutions and trust companies. ORS 125.221 and 125.240 do not apply to a financial institution, as defined in ORS 706.008, a trust company, as defined in ORS 706.008, or the Oregon Public Guardian and Conservator in proceedings under ORS 125.675 to 125.691. [1999 c.774 �5; 2017 c.310 �9]

�� Note: 125.242 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 125 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

GUARDIANS

�� 125.300 In general. (1)(a) Except as provided in paragraph (b) of this subsection, a guardian may be appointed for an adult person only as is necessary to promote and protect the well-being of the protected person. A guardianship for an adult person must be designed to encourage the development of maximum self-reliance and independence of the protected person and may be ordered only to the extent necessitated by the person�s actual mental and physical limitations.

�� (b) A guardian may be appointed for an adult person if there is clear and convincing evidence that the person is a vulnerable youth. A guardianship for a vulnerable youth must be designed to encourage the development of maximum self-reliance and independence of the vulnerable youth and may be ordered only to the extent that the vulnerable youth consents and that is necessitated by the circumstances justifying the appointment of a guardian for the vulnerable youth.

�� (2) An adult protected person for whom a guardian has been appointed is not presumed to be incompetent.

�� (3) A protected person retains all legal and civil rights provided by law except those that have been expressly limited by court order or specifically granted to the guardian by the court. Rights retained by the person include but are not limited to the right to contact and retain counsel and to have access to personal records. [1995 c.664 �27; 2021 c.399 �10]

�� 125.305 Order of appointment. (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:

�� (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]

�� 125.310 Letters of guardianship. The court shall issue letters of guardianship to the guardian after the filing of any acceptance of the appointment and bond that may be required. A copy of the order appointing the guardian must be attached to the letters of guardianship. Letters of guardianship must be in substantially the following form:

______________________________________________________________________________

State of Oregon,�� )

�� )�� LETTERS OF

County of ___�� ) GUARDIANSHIP

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 protected person) and that the named guardian has qualified and has the authority and duties of guardian for the named protected person as provided in the order appointing the guardian, a copy of which is attached to these letters.

�� IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the court at my office on ___ (month) ___ (day), 2___. (Seal)

________, Clerk of the Court

By ________, Deputy

______________________________________________________________________________ [1995 c.664 �29]

�� 125.315 General powers and duties of guardian. (1) A guardian has the following powers and duties:

�� (a) Except to the extent of any limitation under the order of appointment, the guardian has custody of the protected person and may establish the protected person�s place of abode within or without this state.

�� (b) The guardian shall provide for the care, comfort and maintenance of the protected person and, whenever appropriate, shall arrange for training and education of the protected person. Without regard to custodial rights of the protected person, the guardian shall take reasonable care of the person�s clothing, furniture and other personal effects unless a conservator has been appointed for the protected person.

�� (c) Subject to the provisions of ORS 127.505 to 127.660 and subsection (3) of this section, the guardian may consent, refuse consent or withhold or withdraw consent to health care, as defined in ORS 127.505, for the protected person. A guardian is not liable solely by reason of consent under this paragraph for any injury to the protected person resulting from the negligence or acts of third persons.

�� (d) The guardian may:

�� (A) Make advance funeral and burial arrangements;

�� (B) Subject to the provisions of ORS 97.130, control the disposition of the remains of the protected person; and

�� (C) Subject to the provisions of ORS 97.965, make an anatomical gift of all or any part of the body of the protected person.

�� (e) The guardian of a minor has the powers and responsibilities of a parent who has legal custody of a child, except that the guardian has no obligation to support the minor beyond the support that can be provided from the estate of the minor, and the guardian is not liable for the torts of the minor. The guardian may consent to the adoption of a protected person who is a minor.

�� (f) Subject to the provisions of ORS 125.320 (2), the guardian may receive money and personal property deliverable to the protected person and apply the money and property for support, care and education of the protected person. The guardian shall exercise care to conserve any excess for the protected person�s needs.

�� (g) The guardian shall promote the self-determination of the protected person and, to the extent practicable, encourage the protected person to participate in decisions, act on the protected person�s own behalf and develop or regain the capacity to manage the protected person�s personal affairs. To accomplish the duties under this paragraph, the guardian shall:

�� (A) Become or remain personally acquainted with the protected person and maintain sufficient contact with the protected person, including through regular visitation, to know the protected person�s abilities, limitations, needs, opportunities and physical and mental health;

�� (B) To the extent practicable, identify the values and preferences of the protected person and involve the protected person in decisions affecting the protected person, including decisions about the protected person�s care, dwelling, activities or social interactions; and

�� (C) Make reasonable efforts to identify and facilitate supportive relationships and services for the protected person.

�� (h) In making decisions for the protected person, the guardian shall make the decisions the guardian reasonably believes the protected person would make if the protected person were able, unless doing so would unreasonably harm or endanger the welfare or personal or financial interests of the protected person. To determine the decision the protected person would make if able, the guardian shall consider the protected person�s previous or current instructions, preferences, opinions, values and actions, to the extent actually known or reasonably ascertainable by the guardian.

�� (i) If the guardian cannot make a decision under paragraph (h) of this subsection because the guardian does not know and cannot reasonably determine the decision the protected person would make if able, or the guardian reasonably believes the decision the protected person would make would unreasonably harm or endanger the welfare or personal or financial interests of the protected person, the guardian shall act in accordance with the best interest of the protected person. In determining the best interest of the protected person, the guardian shall consider:

�� (A) Information received from professionals and persons that demonstrate sufficient interest in the welfare of the protected person;

�� (B) Other information the guardian believes the protected person would consider if the protected person were able; and

�� (C) Other factors a reasonable person in the circumstances of the protected person would consider, including consequences for others.

�� (2) If a conservator has been appointed for the protected person, the guardian may file a motion with the court seeking an order of the court on the duties of the conservator relating to payment of support for the protected person.

�� (3) A guardian may consent to the withholding or withdrawing of artificially administered nutrition and hydration for a protected person only under the circumstances described in ORS 127.580 (1)(a), (b), (d), (e) or (f) and, if the protected person has a medical condition specified in ORS 127.580 (1)(b), (d), (e) or (f), the condition has been medically confirmed. [1995 c.664 �30; 1997 c.472 �12; 2007 c.230 �1; 2007 c.681 �27; 2019 c.198 �5; 2025 c.224 �6]

�� 125.320 Limitations on guardian. (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.

�� (4) A guardian for a protected person who is a vulnerable youth may not possess or control the vulnerable youth�s identity documents. [1995 c.664 �31; 2001 c.473 �1; 2005 c.498 �3; 2017 c.391 �5; 2021 c.399 �12]

�� 125.323 Limits on association. (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]

�� 125.325 Guardian�s report. (1) Not later than 30 days following each anniversary of appointment, a guardian for an adult protected person shall file with the court a written report. The report must include a declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 to