PETITION FOR APPOINTMENT OF GUARDIAN
(OR Probate Court – ORS Chapter 125)
[// GUIDANCE: This template is drafted for use in Oregon Circuit Court (Probate Department) proceedings seeking appointment of a guardian for either a minor or an incapacitated adult (“Respondent”). Replace or delete bracketed text as appropriate. Add or remove paragraphs to suit the specific factual scenario and county‐specific local rules. The form contains optional provisions for emergency/temporary guardianship, bond, and limited guardianship powers.]
I. DOCUMENT HEADER
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [COUNTY]
Probate Department
| In the Matter of the Guardianship of | Case No. [____] |
| [RESPONDENT FULL LEGAL NAME], | |
| a [Minor / Incapacitated Adult], | |
| Respondent. |
PETITION FOR APPOINTMENT OF [TEMPORARY AND] GUARDIAN
(ORS 125.055, ORS 125.300 et seq.)
II. DEFINITIONS
For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:
- “Respondent” – The individual for whom a guardianship is sought.
- “Petitioner” – The individual filing this Petition.
- “Proposed Guardian” – The individual(s) nominated herein to serve as Guardian.
- “Guardian” – A fiduciary appointed by the Court to exercise powers over the person of Respondent pursuant to ORS Chapter 125.
- “Court” – The Circuit Court of the State of Oregon, Probate Department, County of [County].
- “Annual Report” – The written report required to be filed by a Guardian under ORS 125.325(1) and UTCR 9.160, detailing Respondent’s condition and the Guardian’s actions during the reporting period.
- “Bond” – A fiduciary bond, if required, issued in accordance with ORS Chapter 125 and the Oregon Probate Code to secure the faithful performance of the Guardian’s duties.
III. PARTIES
3.1 Petitioner: [Full legal name], [relationship to Respondent], residing at [address], telephone: [_], email: [_].
3.2 Proposed Guardian: [Full legal name], [relationship to Respondent], residing at [address], telephone: [_], email: [_].
[// GUIDANCE: If Proposed Guardian and Petitioner are the same, consolidate.]
3.3 Respondent: [Full legal name], date of birth [//_], Social Security No. *--[_], presently residing at [address/facility].
IV. JURISDICTION & VENUE
4.1 This Court has subject-matter jurisdiction under ORS 125.005–125.015 and venue is proper in [County] County under ORS 125.025 because Respondent resides in, or is present in, this county.
4.2 The Petition satisfies the form and content requirements of ORS 125.055.
V. FACTUAL ALLEGATIONS
5.1 Nature of Incapacity / Minority
a. The Respondent is a [minor under the age of 18 / adult who is incapacitated as defined in ORS 125.005(5)].
b. Respondent’s incapacity is evidenced by the attached Physician’s/Qualified Professional’s Statement (Exhibit A), executed within 90 days of filing.
5.2 Necessity for Guardianship
a. Appointment of a Guardian is necessary to provide for Respondent’s health, safety, and welfare; to arrange for proper living accommodations; and to consent to medical care and educational or habilitative services.
b. Less restrictive alternatives (e.g., power of attorney, supported decision-making) have been considered and are inadequate under the circumstances, as described in Exhibit B.
5.3 Assets
Respondent’s estate is valued at approximately $[____]. [If Respondent has significant assets, Petitioner will also file a separate Petition for Conservatorship.]
5.4 Prior Protective Proceedings
To Petitioner’s knowledge, no prior guardianship, conservatorship, or other protective proceeding concerning Respondent is pending in any jurisdiction.
VI. GUARDIANSHIP STANDARDS (ORS 125.300 et seq.)
6.1 Proposed Type of Guardianship
a. [Limited] Guardianship is requested, restricted to the following powers:
i. Consent to medical and mental-health treatment;
ii. Determine residence within the State of Oregon;
iii. Access to educational records and decision-making.
b. [// Delete if full guardianship sought.]
6.2 Duration
Guardianship shall continue until [Respondent reaches 18 / the Court orders termination / further order of the Court].
6.3 Suitability of Proposed Guardian
a. Proposed Guardian is willing and able to serve, has no disqualifying criminal history (see Criminal Background Check, Exhibit C), and understands fiduciary duties under ORS 125.315.
b. Proposed Guardian’s contact information for notice purposes is stated in Section 3.2.
VII. REPORTING REQUIREMENTS
7.1 Within 30 days of appointment, Guardian shall file an initial care plan pursuant to UTCR 9.160(2).
7.2 Guardian shall file an Annual Report on or before the anniversary of appointment each year in accordance with ORS 125.325(1).
7.3 Guardian shall provide copies of each Annual Report to the persons entitled to notice under ORS 125.060(3).
[// GUIDANCE: Some counties (e.g., Multnomah, Washington) require a specific local-court form for Annual Reports. Insert county-specific reference if applicable.]
VIII. BOND REQUIREMENTS & LIABILITY CAPS
8.1 Pursuant to ORS Chapter 125 and local probate rules, the Court may order the Guardian to furnish a fiduciary Bond in the amount of $[_].
8.2 If required, the Bond shall be issued by a corporate surety authorized to transact business in Oregon and shall remain in effect until the Guardian is discharged.
8.3 Liability of the Guardian shall be capped at the penal sum of the Bond, except for willful misconduct or gross negligence.
IX. NOTICE & SERVICE
9.1 Petitioner will serve notice of this Petition, together with a copy of the Physician’s Statement, on all persons entitled to notice under ORS 125.060, including but not limited to:
• Respondent;
• Respondent’s spouse, parents, and adult children;
• The Oregon Department of Veterans’ Affairs if benefits are involved;
• The facility where Respondent resides.
9.2 Proof of service will be filed prior to the hearing pursuant to ORS 125.065 and UTCR 9.060.
X. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that the Court:
A. Schedule and hold a hearing on this Petition;
B. Appoint [Proposed Guardian] as [temporary and/or permanent] Guardian of Respondent;
C. Define the scope of the Guardian’s powers as set forth in Section VI;
D. Set the amount of any required Bond;
E. Require the Guardian to file an Initial Care Plan and Annual Reports;
F. Grant such other and further relief as the Court deems just and proper.
XI. VERIFICATION
I, [Petitioner Name], declare under the penalties of perjury that I have read the foregoing Petition, know the contents thereof, and believe the same to be true and correct to the best of my knowledge and belief.
Date: _/_/20__ ________
[Petitioner Name], Petitioner
XII. ACCEPTANCE OF GUARDIANSHIP
I, [Proposed Guardian Name], accept the fiduciary duties of Guardian as described in this Petition and as will be set forth in the Court’s Letters of Guardianship; I submit to the jurisdiction of this Court and affirm that I will faithfully perform all duties required by law.
Date: _/_/20__ ________
[Proposed Guardian Name], Proposed Guardian
XIII. NOTARY ACKNOWLEDGMENT
State of Oregon )
County of [_]) ss.
Subscribed and sworn to before me on _/_/20__ by [Petitioner Name].
Notary Public for Oregon
My Commission Expires: ____
[// GUIDANCE: Many counties waive notarization if Petitioner’s signature is verified under ORCP 1 E. Check local rule.]
XIV. CERTIFICATE OF SERVICE
I certify that on _/_/20__, I served a true copy of this Petition and all required attachments upon each person entitled to notice under ORS 125.060 by [personal service / first-class mail] addressed as follows:
• [Name & address]
• [Name & address]
Date: _/_/20__ ________
[Petitioner or Attorney Name]
XV. ATTACHMENTS / EXHIBITS
A. Physician’s or Psychologist’s Statement (ORS 125.055(3))
B. Statement of Considered Alternatives
C. Criminal Background Check of Proposed Guardian
D. Proposed Letters of Guardianship (draft)
E. [Bond, if completed]
[// GUIDANCE: File a separate Proposed Order and Letters of Guardianship conforming to UTCR 9.050. If emergency relief is necessary, draft a “Petition for Temporary Guardianship” with the required clear and convincing evidence standard under ORS 125.600.]