74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 260
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for Oregon Advocacy Center)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to protective proceedings; creating new provisions; and
  amending ORS 125.315.
 
Be It Enacted by the People of the State of Oregon:
 
  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.
 
 
 
Enrolled Senate Bill 260 (SB 260-INTRO)                    Page 1
 
 
 
  (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. + }
                         ----------
 
 
Passed by Senate February 26, 2007
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 8, 2007
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 260 (SB 260-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 260 (SB 260-INTRO)                    Page 3