Chapter 125
125.005
NOTES OF DECISIONS
To
establish person is “incapacitated” requires clear and convincing evidence that
person has severely impaired perception or communication skills that cause
person to be unable to perform essential functions, resulting in threat to life
or health. Schaefer v. Schaefer, 183 Or App 513, 52 P3d 1125 (2002)
125.060
NOTES OF DECISIONS
Failure
to provide notice of guardianship proceeding to parent renders guardianship
order void as to that parent. Middleton v. Chaney, 177 Or App 679, 34 P3d 722
(2001), modified335 Or 58, 57 P3d 893 (2002)
Service
of notice of petition is sufficient to give court personal jurisdiction over
respondent’s adult child domiciled within state, whether or not child files
objection or request for notice with court. Haley v. Haley, 215 Or App 36, 168
P3d 305 (2007)
125.065
NOTES OF DECISIONS
Failure
to provide notice of guardianship proceeding to parent renders guardianship
order void as to that parent. Middleton v. Chaney, 177 Or App 679, 34 P3d 722
(2001), modified335 Or 58, 57 P3d 893 (2002)
125.095
NOTES OF DECISIONS
Transfer
of funds to trust fund for purposes of paying for services for protected person
does not constitute payment if protected person retains legal right to request
return of funds. Dorszynski v. Department of Human
Services, 238 Or App 285, 242 P3d 657 (2010)
125.300
NOTES OF DECISIONS
Under former similar statute (ORS
126.098)
Change
of adult ward’s domicile by guardian in Oregon must be accomplished directly by
court order or under court order that expressly authorizes guardian to change
domicile. Little v. Dept. of Rev., 11 OTR 219 (1989)
125.305
NOTES OF DECISIONS
Juvenile
court initiating guardianship must proceed under guardianship statute found in
juvenile code, not guardianship statute under probate code. Kelley v. Gibson,
184 Or App 343, 56 P3d 925 (2002)
Guardianship
actions involving child who is not subject to court’s juvenile dependency
jurisdiction and whose legal parent objects to appointment of guardian are
subject to requirements of both this section and ORS 109.119. Burk v. Hall, 186
Or App 113, 62 P3d 394 (2003), Sup Ct review denied
Finding
that appointment of guardian to make health care decisions for child is
necessary by clear and convincing evidence does not require that court find
natural parent to be unfit in general. State ex rel
Juvenile Department v. Smith, 205 Or App 152, 133 P3d 924 (2006)
125.315
NOTES OF DECISIONS
Under former similar statute (ORS
126.137)
Change
of adult ward’s domicile by guardian in Oregon must be accomplished directly by
court order or under court order that expressly authorizes guardian to change
domicile. Little v. Dept. of Rev., 11 OTR 219 (1989)
In general
Statutory
provision that guardian has no obligation to support minor beyond resources of
minor’s estate does not make agreement to provide support illegal or contrary
to public policy. Compton v. Compton, 187 Or App 142, 66 P3d 572 (2003)
ATTY. GEN. OPINIONS
Under former similar statute (ORS
126.080)
Authority
of Children’s Services Division to use social security, veterans’ and other
benefits to defray care costs of guardianship children, (1981) Vol 42, p 146
Under former similar statute (ORS
126.137)
Corporation
as guardian of incapacitated person, (1980) Vol 40, p
405
125.420
NOTES OF DECISIONS
Under former similar statute (ORS
126.293)
Conservator
is not required to separate joint account with right of survivorship owned by
protected person and another person if funds of protected person are available
for use by protected person. Elardo v. Carr, 118 Or
App 407, 847 P2d 892 (1993)
ATTY. GEN. OPINIONS
Under former similar statute (ORS
126.293)
Earnings
to be credited to individual accounts, (1976) Vol 38,
p 243
125.425
NOTES OF DECISIONS
Under former similar statute (ORS
126.313)
Conservator
is not required to separate joint account with right of survivorship owned by
protected person and another person because of mere possibility that other
person may misuse authority. Elardo v. Carr, 118 Or
App 407, 847 P2d 892 (1993)
125.435
NOTES OF DECISIONS
Under former similar statute (ORS
126.327)
Conservator
had power to make gifts to herself and her family where gifts were continuation
of family custom. Willbanks v. Mars, 37 Or App 795,
588 P2d 118 (1978), Sup Ct review denied
125.445
NOTES OF DECISIONS
Under former similar statute (ORS
126.313)
Authority
to make ordinary or extraordinary repairs and alterations to property does not
authorize unreasonable making of permanent improvements to property. Willbanks v. Mars, 37 Or App 795, 588 P2d 118 (1978), Sup
Ct review denied
Since
this section specifically authorizes conservators to enter into binding
agreements to settle personal injury claims without court approval, parties
were not required to follow local court rule requiring such approval. Hansen v.
Bussman, 287 Or 527, 601 P2d 794 (1979)
In general
Transfer
of funds to trust fund for purposes of paying for services for protected person
does not constitute payment by conservator to attorney or other person if
protected person retains legal right to request return of funds. Dorszynski v. Department of Human Services, 238 Or App 285,
242 P3d 657 (2010)
125.460
NOTES OF DECISIONS
Under former similar statute (ORS 126.347)
Conservator
is not required to separate joint account with right of survivorship owned by
protected person and another person. Elardo v. Carr,
118 Or App 407, 847 P2d 892 (1993)
125.520
NOTES OF DECISIONS
Under former similar statute (ORS 126.377)
Preference
given to providing for welfare of protected person and payment of
administrative expenses supersedes priority given perfected lien against real
property. Crofoot v. Oregon State Bar, 54 Or App 151,
634 P2d 284 (1981)
125.530
NOTES OF DECISIONS
Under former similar statute (ORS
126.337)
At
death of protected person, conservator retains property for delivery to
personal representative and upon order of court delivers assets other than
assets retained by conservator as being required for payment of estate
expenses. Naito v. Naito, 125 Or App 231, 864 P2d 1346 (1993), Sup Ct review
denied