Oregon Adult Guardianship / Conservatorship Petition Packet

Oregon Adult Guardianship / Conservatorship Petition Packet

Part 1 — Pre-Petition Checklist

Part 2 — Verified Petition for Appointment of Fiduciary

(ORS § 125.055; § 125.012)

Caption

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [__________________] — PROBATE DEPARTMENT
CASE NO.: [__________________]

PETITION FOR APPOINTMENT OF ☐ GUARDIAN ☐ CONSERVATOR ☐ BOTH

Petitioner alleges:

1. Petitioner. [PETITIONER NAME], residing at [__________________________________________], whose relationship/interest in Respondent is [______________________________].

2. Respondent (AIP).

• Full name: [______________________________]
• Date of birth: [__/__/____]; Age: [____]
• Address: [____________________________________________________________]
• Telephone: [_______________]
• Marital status: ☐ Single ☐ Married ☐ Divorced ☐ Widowed ☐ Domestic partner

3. Jurisdiction & Venue. This Court has jurisdiction under ORS § 125.015 and venue is proper under ORS § 125.020 because Respondent resides in [_______________] County, Oregon.

4. Need for Protective Order.

For guardianship (ORS § 125.005(5) — incapacitated):
Respondent is unable to receive and evaluate information or communicate decisions such that Respondent presently lacks the capacity to meet essential requirements for physical health or safety, in that: [____________________________________________________________].

For conservatorship (ORS § 125.005(3) — financially incapable):
Respondent is unable to manage financial resources effectively because: [____________________________________________________________].

5. Less Restrictive Alternatives. Petitioner has considered the following alternatives, which are inadequate for the reasons stated:

6. Proposed Fiduciary.

• Name: [______________________________]
• Address: [______________________________]
• Relationship to Respondent: [_______________]
• Not disqualified under ORS § 125.205: ☐ Confirmed
• Willing and able to post bond (if conservator): ☐ Yes / Bond amount $[__________]

7. Persons Entitled to Notice — ORS § 125.060.

8. Estate and Income (Conservatorship).

• Approximate value of personal property: $[__________]
• Real property: $[__________]
• Annual income (Social Security, pension, wages): $[__________]
• Anticipated debts/expenses: $[__________]

9. Specific Powers Requested.

☐ Plenary guardianship of the person
☐ Limited guardianship (specify): [______________________________]
☐ Plenary conservatorship of the estate
☐ Limited conservatorship (specify): [______________________________]
☐ Authority to consent to medical treatment (ORS § 125.315)
☐ Authority to establish residence
☐ Authority over digital assets

10. Temporary Fiduciary. Petitioner ☐ does / ☐ does not request appointment of a temporary fiduciary under ORS § 125.605 because: [______________________________].

11. Confidentiality Request. Petitioner ☐ does / ☐ does not request that financial information be filed under ORS § 125.012(4) restricted-access procedures.

WHEREFORE, Petitioner prays the Court:

(a) Set the matter for hearing;
(b) Order appointment of a court visitor under ORS § 125.150;
(c) Appoint counsel for AIP under ORS § 125.080 if requested or required;
(d) After hearing, appoint the proposed fiduciary;
(e) Issue Letters of Guardianship / Conservatorship;
(f) Require bond as appropriate under ORS § 125.410;
(g) Grant such other relief as is just.

VERIFICATION

I declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct.

Executed on [__/__/____] at [_______________], Oregon.

___________________________________
[PETITIONER]

Attorney for Petitioner:
___________________________________
[ATTORNEY NAME], OSB No. [_______]
[FIRM] · [ADDRESS] · [PHONE] · [EMAIL]

Part 3 — Notice to Respondent (AIP)

(ORS § 125.060 — § 125.070)

TO: [RESPONDENT FULL NAME]

A Petition has been filed in [_______________] County Circuit Court seeking the appointment of a guardian and/or conservator for you.

Hearing date: [__/__/____] at [__:__] [AM/PM]
Location: [______________________________]

YOUR RIGHTS UNDER ORS § 125.070 AND § 125.080:

• ☐ Right to be present at any hearing.
• ☐ Right to be represented by an attorney of your choosing, and to have one appointed by the court if you request (ORS § 125.080).
• ☐ Right to file written objections within 15 days after service.
• ☐ Right to require a hearing on the petition.
• ☐ Right to a court visitor who will interview you and report to the court (ORS § 125.150).
• ☐ Right to compel the attendance of witnesses, present evidence, and cross-examine.
• ☐ Right to a jury trial only if specifically authorized (Oregon does not provide a general jury-trial right in protective proceedings — the visitor process replaces it).
• ☐ Right to seek termination/modification of any protective order entered.

If a protective order is entered, you may lose authority over decisions about your residence, medical care, finances, contracts, and other matters.

To object, file a written objection with the Court within 15 days and serve a copy on Petitioner.

Dated: [__/__/____]

___________________________________
[Petitioner's Counsel]

Part 4 — Notice to Interested Persons

(ORS § 125.060, § 125.065)

Notice is given to each of the persons listed in Section 7 of the Petition by personal service or first-class mail in accordance with ORS § 125.065.

Certificate of Service — I certify that on [__/__/____] I caused a true copy of the Petition and Notice to be served on each person listed below by the method indicated:

___________________________________
Affiant · Date: [__/__/____]

Part 5 — Capacity / Medical Evidence

Physician / Clinician Statement (supporting evidence)

I, [CLINICIAN NAME], [M.D./D.O./Ph.D./PsyD/NP], License No. [_______], having examined [AIP NAME] on [__/__/____], state:

Signature: ___________________________________ Date: [__/__/____]

Part 6 — Court Visitor Appointment and Report

(ORS § 125.150 — § 125.165 — MANDATORY)

Order Appointing Court Visitor

Pursuant to ORS § 125.150, the Court APPOINTS [VISITOR NAME], a qualified visitor under ORS § 125.165, to investigate and report regarding the AIP, the proposed fiduciary, the residence, services, and less restrictive alternatives. The Visitor shall file a written report under ORS § 125.155 within [____] days.

___________________________________
CIRCUIT COURT JUDGE · Date: [__/__/____]

Visitor's Report Outline (ORS § 125.155)

Part 7 — Appointment of Counsel for AIP

(ORS § 125.080)

Pursuant to ORS § 125.080, and upon request by AIP / recommendation of the Visitor / order of the Court, [COUNSEL NAME], OSB No. [_______], is appointed counsel for the AIP. Counsel shall represent AIP's expressed wishes throughout the proceeding.

___________________________________
CIRCUIT COURT JUDGE · Date: [__/__/____]

Part 8 — Less Restrictive Alternative Analysis

Conclusion: [____________________________________________________________].

Part 9 — Bond (Conservator) — ORS § 125.410

Part 10 — Notice of Hearing

IN THE CIRCUIT COURT OF THE STATE OF OREGON · COUNTY OF [_______________] · CASE NO. [_______________]

TAKE NOTICE that the Petition will be heard on [__/__/____] at [__:__] [AM/PM] before the Probate Department of the Circuit Court at [______________________________].

Any person entitled to notice under ORS § 125.060 may appear and object. Written objections must be filed within 15 days of service under ORS § 125.075.

Dated: [__/__/____]

___________________________________
Petitioner's Counsel / Court Clerk

Part 11 — Findings, Order, and Letters

Order Appointing Fiduciary (ORS § 125.305 / § 125.400)

The Court, having reviewed the Petition, Visitor's Report, and any objections, and having held hearing on [__/__/____], FINDS by clear and convincing evidence:

1. Jurisdiction and venue are proper.
2. Notice has been given as required.
3. AIP is ☐ incapacitated under ORS § 125.005(5) ☐ financially incapable under ORS § 125.005(3).
4. Less restrictive alternatives are inadequate.
5. The proposed fiduciary is qualified and not disqualified under ORS § 125.205.

IT IS ORDERED:

• ☐ [FIDUCIARY NAME] is appointed ☐ Guardian ☐ Conservator ☐ Both of Respondent.
• ☐ Powers granted: [______________________________].
• ☐ Powers/rights retained by Respondent: [______________________________].
• ☐ Bond in the amount of $[__________] is required (or restricted-account substitute approved).
• ☐ Letters shall issue upon qualification.
• ☐ Initial inventory due within 90 days under ORS § 125.470.
• ☐ Annual Guardian's Report due under ORS § 125.325.
• ☐ Annual Conservator's accounting due under ORS § 125.475.

___________________________________
CIRCUIT COURT JUDGE · Date: [__/__/____]

Letters of Guardianship / Conservatorship

STATE OF OREGON · COUNTY OF [_______________]

These Letters certify that [FIDUCIARY NAME] has qualified and is authorized to act as ☐ Guardian ☐ Conservator of [PROTECTED PERSON NAME] pursuant to Order entered [__/__/____].

Issued: [__/__/____]

___________________________________
Court Clerk

Part 12 — Initial Inventory and Annual Accounting

Initial Inventory (Conservator, ORS § 125.470) — due within 90 days

Annual Reports

• Guardian's Annual Report — ORS § 125.325 — due each year on appointment anniversary. Must describe AIP's condition, residence, services, social functioning, and need for continued guardianship.
• Conservator's Annual Accounting — ORS § 125.475 — itemize all receipts and disbursements, list assets on hand, attach supporting statements. Subject to court approval (ORS § 125.480).

Sources and References

• Oregon Revised Statutes Chapter 125: https://www.oregonlegislature.gov/bills_laws/ors/ors125.html
• Oregon Judicial Department Probate Forms: https://www.courts.oregon.gov/forms/Pages/default.aspx
• Oregon Protective Proceedings Bench Book: https://www.courts.oregon.gov/programs/family/guardianship-conservatorship/
• ORS § 125.080 (Counsel): https://oregon.public.law/statutes/ors_125.080
• ORS § 125.150 (Visitor): https://oregon.public.law/statutes/ors_125.150

End of Oregon Adult Guardianship / Conservatorship Petition Packet.