71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 578
 
                           A-Engrossed
 
                         House Bill 2367
                  Ordered by the House April 5
            Including House Amendments dated April 5
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for the Elder Law section of the Oregon State Bar)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Expands list of persons requiring notification before guardian
may place adult protected person in mental health treatment
facility, nursing home or other residential facility.
 
                        A BILL FOR AN ACT
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. + }
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