Chapter 230
AN ACT
SB 260
Relating to protective proceedings; creating new provisions; and
amending ORS 125.315.
Be It Enacted by the People of
the State of
SECTION 1. ORS 125.315 is amended to read:
125.315. (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 97.954 (1), 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
marriage or 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.
(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.
SECTION 2. The amendments to ORS 125.315 by section 1
of this 2007 Act apply to guardianships commenced by the filing of a petition
before, on or after the effective date of this 2007 Act.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
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