2017 ORS 125.005¹

As used in this chapter:

(1) “Conservator” means a person appointed as a conservator under the provisions of this chapter.

(2) “Fiduciary” means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter.

(3) “Financially incapable” means a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance. “Manage financial resources” means those actions necessary to obtain, administer and dispose of real and personal property, intangible property, business property, benefits and income.

(4) “Guardian” means a person appointed as a guardian under the provisions of this chapter.

(5) “Incapacitated” means a condition in which a person’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person’s physical health or safety. “Meeting the essential requirements for physical health and safety” means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur.

(6) “Minor” means any person who has not attained 18 years of age.

(7) “Protected person” means a person for whom a protective order has been entered.

(8) “Protective order” means an order of a court appointing a fiduciary or any other order of the court entered for the purpose of protecting the person or estate of a respondent or protected person.

(9) “Protective proceeding” means a proceeding under this chapter.

(10) “Respondent” means a person for whom entry of a protective order is sought in a petition filed under ORS 125.055 (Petitions in protective proceedings).

(11) “Visitor” means a person appointed by the court under ORS 125.150 (Appointment of visitors) for the purpose of interviewing and evaluating a respondent or protected person. [1995 c.664 §1; 2007 c.70 §31]

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)

1 Legislative Counsel Committee, CHAPTER 125—Protective Proceedings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors125.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 125, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano125.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.