Title 125 · ORS Chapter 125

126.925; 2014 c.117 �15] �� Note: See note under 125.700. �� 125.715 Bond; exoneration of surety. (1) Before entering into office as county public guardian and conservator, the person ap

Citation: ORS 126.925

Section: 126.925

126.925; 2014 c.117 �15]

�� Note: See note under 125.700.

�� 125.715 Bond; exoneration of surety. (1) Before entering into office as county public guardian and conservator, the person appointed to the office shall file an official bond in such amount as may be fixed from time to time by the board of county commissioners or the court having probate jurisdiction, which bond shall inure to the joint benefit of the several guardianship and conservatorship estates in which the person is acting as guardian or conservator and the county. The county public guardian and conservator shall not be required to file bonds in individual estates.

�� (2) Upon removal of the county public guardian and conservator in accordance with the provisions of ORS 125.705, the surety on the county public guardian and conservator bond shall be exonerated upon order to that effect of the court having probate jurisdiction in the county. [Formerly 126.935; 2014 c.117 �16]

�� Note: See note under 125.700.

�� 125.720 Deposit of funds. All funds coming into the custody of the county public guardian and conservator shall be deposited in the county treasury and disbursed by proper warrant, or shall be deposited in one or more banks or invested in one or more insured savings and loan associations authorized to do business within the county, or as provided by ORS 125.445 (5). [Formerly 126.945; 2014 c.117 �17]

�� Note: See note under 125.700.

�� 125.725 Reimbursement of county public guardian and conservator�s expenses from estate of ward or protected person. The county public guardian and conservator shall have a claim against the ward�s or protected person�s estate for reasonable expenses incurred in the execution of the guardianship or conservatorship and such compensation for services and those of the attorney of the county public guardian and conservator as the court having probate jurisdiction in the county deems just and reasonable. If the county public guardian and conservator is compensated by the county for services, any reimbursement of expenses or compensation shall be paid to the county. [Formerly 126.955; 2014 c.117 �18]

�� Note: See note under 125.700.

�� 125.730 Fees prohibited. (1) No fee shall be charged or received by any court having probate jurisdiction for the filing of any petition asking for the appointment of the county public guardian and conservator as the guardian or conservator or for any official service performed by that court in the course of the guardianship or conservatorship proceedings.

�� (2) No fee shall be charged or received by any court having probate jurisdiction for the filing of any petition asking for the appointment of a guardian for a vulnerable youth or for any official service performed by that court in the course of the guardianship. [Formerly 126.965; 2014 c.117 �19; 2021 c.399 �14]

�� Note: See note under 125.700.

UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

(Article 1 - General Provisions)

�� 125.800 Short title. ORS 125.800 to 125.852 may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. [2009 c.179 �1]

�� Note: 125.800 to 125.852 were enacted into law by the Legislative Assembly but were 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.

�� 125.802 Definitions. As used in ORS 125.800 to 125.852:

�� (1) �Adult� means an individual who has attained 18 years of age.

�� (2) �Conservator� means a person appointed by the court to administer the property of an adult, including a person appointed under ORS chapter 125.

�� (3) �Conservatorship order� means an order appointing a conservator or other order related to management of an adult�s property.

�� (4) �Conservatorship proceeding� means a judicial proceeding in which a conservatorship order is sought or has been issued.

�� (5) �Guardian� means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under ORS chapter 125.

�� (6) �Guardianship order� means an order appointing a guardian.

�� (7) �Guardianship proceeding� means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.

�� (8) �Incapacitated person� means an adult for whom a guardian has been appointed.

�� (9) �Party� means the respondent, petitioner, guardian, conservator or any other person allowed by the court to participate in a guardianship or conservatorship proceeding.

�� (10)(a) �Person� means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

�� (b) �Person� as defined in paragraph (a) of this subsection does not apply in the terms �incapacitated person� or �protected person.�

�� (11) �Protected person� means an adult for whom a conservatorship order has been issued.

�� (12) �Record� means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

�� (13) �Respondent� means an adult for whom a conservatorship order or the appointment of a guardian is sought.

�� (14) �State� means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States. [2009 c.179 �2]

�� Note: See note under 125.800.

�� 125.805 International application. A court of this state may treat a foreign country as if it were a state for the purpose of applying ORS 125.800 to 125.840, 125.850 and 125.852. [2009 c.179 �3]

�� Note: See note under 125.800.

�� 125.807 Communication between courts. (1) A court of this state may communicate with a court in another state concerning a proceeding arising under ORS 125.800 to 125.852. The court may allow the parties to participate in the communication. Except as provided in subsection (2) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.

�� (2) Courts may communicate concerning schedules, calendars, court records and other administrative matters without making a record. [2009 c.179 �4]

�� Note: See note under 125.800.

�� 125.810 Cooperation between courts. (1) In a guardianship or conservatorship proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:

�� (a) Hold an evidentiary hearing;

�� (b) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;

�� (c) Order that an evaluation or assessment be made of the respondent;

�� (d) Order any appropriate investigation of a person involved in a proceeding;

�� (e) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (a) of this subsection or any other proceeding, any evidence otherwise produced under paragraph (b) of this subsection and any evaluation or assessment prepared in compliance with an order under paragraph (c) or (d) of this subsection;

�� (f) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; or

�� (g) Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state, including protected health information as defined in 45 C.F.R. 164.504.

�� (2) If a court of another state in which a guardianship or conservatorship proceeding is pending requests assistance of the kind provided in subsection (1) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. [2009 c.179 �5]

�� Note: See note under 125.800.

�� 125.812 Taking testimony in another state. (1) In a guardianship or conservatorship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.

�� (2) In a guardianship or conservatorship proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony. [2009 c.179 �6]

�� Note: See note under 125.800.

(Article 2 - Jurisdiction)

�� 125.815 Definitions; significant-connection factors. (1) As used in ORS 125.815 to 125.835:

�� (a) �Emergency� means a circumstance described in ORS 125.600 (1), and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent�s behalf.

�� (b) �Home state� means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a conservatorship order or the appointment of a guardian, or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.

�� (c) �Significant-connection state� means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

�� (2) In determining under ORS 125.820 and 125.837 (5) whether a respondent has a significant connection with a particular state, the court shall consider:

�� (a) The location of the respondent�s family and other persons required to be notified of the guardianship or conservatorship proceeding;

�� (b) The length of time the respondent at any time was physically present in the state and the duration of any absence;

�� (c) The location of the respondent�s property; and

�� (d) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver license, social relationship and receipt of services. [2009 c.179 �7]

�� Note: See note under 125.800.

�� 125.817 Exclusive basis. ORS 125.815 to 125.835 provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a conservatorship order for an adult under ORS 125.800 to 125.852. [2009 c.179 �8]

�� Note: See note under 125.800.

�� 125.820 Jurisdiction. A court of this state has jurisdiction to appoint a guardian or issue a conservatorship order for a respondent if:

�� (1) This state is the respondent�s home state;

�� (2) On the date the petition is filed, this state is a significant-connection state and:

�� (a) The respondent does not have a home state or a court of the respondent�s home state has declined to exercise jurisdiction because this state is a more appropriate forum; or

�� (b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and, before the court makes the appointment or issues the order:

�� (A) A petition for an appointment or order is not filed in the respondent�s home state;

�� (B) An objection to the court�s jurisdiction is not filed by a person required to be notified of the proceeding; and

�� (C) The court in this state concludes that it is an appropriate forum under the factors set forth in ORS 125.827;

�� (3) This state does not have jurisdiction under either subsection (1) or (2) of this section, the respondent�s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum and jurisdiction in this state is consistent with the Oregon and United States Constitutions; or

�� (4) The requirements for special jurisdiction under ORS 125.822 are met. [2009 c.179 �9]

�� Note: See note under 125.800.

�� 125.822 Special jurisdiction. (1) A court of this state lacking jurisdiction under ORS 125.820 has special jurisdiction to do any of the following:

�� (a) Appoint a guardian in an emergency as provided for the appointment of a temporary fiduciary under ORS 125.600 for a respondent who is physically present in this state;

�� (b) Issue a conservatorship order with respect to real or tangible personal property located in this state; or

�� (c) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to ORS 125.837.

�� (2) If a petition was filed for the appointment of a temporary fiduciary under ORS 125.600 and this state was not the respondent�s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether the dismissal is requested before or after the emergency appointment. [2009 c.179 �10]

�� Note: See note under 125.800.

�� 125.825 Exclusive and continuing jurisdiction. Except as provided in ORS 125.822, a court that has appointed a guardian or issued a conservatorship order consistent with ORS 125.800 to 125.852 has exclusive and continuing jurisdiction over the proceeding until the proceeding is terminated by the court or the appointment or order expires by its own terms. [2009 c.179 �11]

�� Note: See note under 125.800.

�� 125.827 Appropriate forum. (1) A court of this state having jurisdiction under ORS 125.820 to appoint a guardian or issue a conservatorship order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

�� (2) If a court of this state declines to exercise its jurisdiction under subsection (1) of this section, the court shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a conservatorship order be filed promptly in another state.

�� (3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

�� (a) Any expressed preference of the respondent;

�� (b) Whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation;

�� (c) The length of time the respondent was physically present in or was a legal resident of this or another state;

�� (d) The distance of the respondent from the court in each state;

�� (e) The financial circumstances of the respondent�s estate;

�� (f) The nature and location of the evidence;

�� (g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

�� (h) The familiarity of the court of each state with the facts and issues in the proceeding; and

�� (i) If an appointment were made, the court�s ability to monitor the conduct of the guardian or conservator. [2009 c.179 �12]

�� Note: See note under 125.800.

�� 125.830 Jurisdiction declined by reason of conduct. (1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because of unjustifiable conduct, the court may:

�� (a) Decline to exercise jurisdiction;

�� (b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent or the protection of the respondent�s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a conservatorship order is filed in a court of another state having jurisdiction; or

�� (c) Continue to exercise jurisdiction after considering:

�� (A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court�s jurisdiction;

�� (B) Whether the court is a more appropriate forum than the court of any other state under the factors set forth in ORS 125.827 (3); and

�� (C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of ORS 125.820.

�� (2) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses and travel expenses. The court may not assess fees, costs or expenses of any kind against this state or a governmental subdivision, agency or instrumentality of this state unless authorized by law other than ORS 125.800 to 125.852. [2009 c.179 �13]

�� Note: See note under 125.800.

�� 125.832 Notice of proceeding. If a petition for the appointment of a guardian or issuance of a conservatorship order is brought in this state and this state was not the respondent�s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent�s home state. The notice must be given in the same manner as notice is required to be given in this state. [2009 c.179 �14]

�� Note: See note under 125.800.

�� 125.835 Proceedings in more than one state. Except for a petition for the appointment of a temporary fiduciary under ORS