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
• Criminal conviction: ☐ No ☐ Yes; if yes, explain: [______________________________]
• Filed for or received bankruptcy protection: ☐ No ☐ Yes; if yes, explain: [______________________________]
• License required by any state revoked or canceled: ☐ No ☐ Yes; if yes, identify the license and explain: [______________________________]
• Willing and able to post bond (if conservator): ☐ Yes / Bond amount $[__________]

7. Persons Entitled to Notice — ORS § 125.060.

Check each conditional category against ORS § 125.060(2), (6), and (7); do not treat a blank row as a waiver of required notice.

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) Appoint a court visitor when required by ORS § 125.150, or when the Court exercises its discretion to appoint one;
(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

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

I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.

___________________________________
[PETITIONER]

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

Part 3 — Notice to Respondent (AIP)

(ORS § 125.060 — § 125.070)

For a petition to appoint a guardian for a respondent alleged to be incapacitated, use the notice prescribed by ORS § 125.070(3), printed in 14-point type, and attach the blue-paper, 14-point objection form prescribed by ORS § 125.070(4). The summary below does not replace those required pages. For a conservator petition, include the additional information required by ORS § 125.070(2).

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 make an oral or written objection to the petition within 15 days after notice is served or mailed.
• ☐ Right to require a hearing on the petition.
• ☐ A court visitor will interview you and report to the court if ORS § 125.150 requires or the Court orders an appointment.
• ☐ Right to compel the attendance of witnesses, present evidence, and cross-examine.
• ☐ 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 to the petition, make an oral objection to the Court in the manner it designates, or file a written objection with the Court, within 15 days after notice is served or mailed. Ask the court clerk how to present an oral objection. ORS § 125.075(2).

Dated: [__/__/____]

___________________________________
[Petitioner's Counsel]

Part 4 — Notice to Interested Persons

(ORS § 125.060, § 125.065)

Personally serve the respondent (the allegedly incapacitated person) with notice of the petition; a court visitor may not serve that notice. Notice must be in language reasonably understandable to the respondent and printed in at least 12-point type. Other persons entitled to notice under ORS § 125.060 may be served by mail to their last-known addresses, unless another method is required. Serve or mail at least 15 days before the final objection date, subject to any applicable statutory exception or court order. File proof of notice before the court enters an order. ORS § 125.065(1)–(5).

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; use when a visitor is required or appointed)

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 respondent, the proposed fiduciary, the residence, services, and less restrictive alternatives as applicable to this proceeding. 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 object to the petition orally or in writing. Make the objection to the Court within 15 days after notice is served or mailed, using the court's designated method for oral objections. ORS § 125.075(2).

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, any Visitor's Report, and any objections, and having held a hearing on [__/__/____] if required, 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 — for an adult protected person under ORS § 125.325(1), due not later than 30 days after each appointment anniversary. Include the information required by the statute's report form.
• 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.