Chapter 473 Oregon Laws 2001
AN ACT
HB 2367
Relating to notice of
statement of intent in protective proceedings; creating new provisions; and
amending ORS 125.320.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 125.320 is amended to read:
125.320. (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 place an adult protected person in a mental health treatment
facility, a nursing home or other residential facility, the guardian must file
a statement with the court informing the court that the guardian intends to
make the placement.
(b) Notice of
the statement of intent must be given in the manner provided by ORS [125.060] 125.065 to the persons specified in ORS 125.060 (3).
(c) In addition to
the requirements of paragraph (b) of this subsection, notice of the statement
of intent must be given in the manner provided by ORS 125.065 by the guardian
to the following persons:
(A) Any attorney who
represented the protected person at any time during the protective proceeding.
(B) If the protected
person is a resident of a nursing home or residential facility, or if the
notice states the intention to place the protected person in a nursing home or
residential facility, the office of the Long Term Care Ombudsman.
(C) If the protected
person is a resident of a mental health treatment facility or a residential
facility for individuals with developmental disabilities, or if the notice
states the intention to place the protected person in such a facility, the
system designated to protect and advocate the rights of individuals with
developmental disabilities and individuals with mental illness as described in
ORS 192.517 (1).
(d) 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.
(e) The guardian
may thereafter place the adult protected person in a mental health treatment
facility, a nursing home or other residential facility without further court
order. If an objection is made in the manner provided by ORS 125.075, the court
shall schedule a hearing on the objection as soon as practicable.
(f) The requirement
that notice be served on an attorney for a protected person under paragraph
(c)(A) of this subsection does not impose any responsibility on the attorney
receiving the notice to represent the protected person in the protective
proceeding.
SECTION 2.
The amendments to ORS 125.320 by section
1 of this 2001 Act apply only to notices of statement of intent filed in a
protective proceeding on or after the effective date of this 2001 Act.
Approved by the Governor
June 19, 2001
Filed in the office of
Secretary of State June 19, 2001
Effective date January 1,
2002
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