74th OREGON LEGISLATIVE ASSEMBLY--2007 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 605
 
                         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)
 
 
                             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 as
introduced.
 
  Modifies power of guardian to withhold or withdraw artificially
administered nutrition and hydration for protected person.
 
                        A BILL FOR 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.
  (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. + }
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