2015 ORS 125.315¹
General powers and duties of guardian

(1) A guardian has the following powers and duties:

(a) Except to the extent of any limitation under the order of appointment, the guardian has custody of the protected person and may establish the protected person’s place of abode within or without this state.

(b) The guardian shall provide for the care, comfort and maintenance of the protected person and, whenever appropriate, shall arrange for training and education of the protected person. Without regard to custodial rights of the protected person, the guardian shall take reasonable care of the person’s clothing, furniture and other personal effects unless a conservator has been appointed for the protected person.

(c) Subject to the provisions of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and subsection (3) of this section, the guardian may consent, refuse consent or withhold or withdraw consent to health care, as defined in ORS 127.505 (Definitions for ORS 127.505 to 127.660), for the protected person. A guardian is not liable solely by reason of consent under this paragraph for any injury to the protected person resulting from the negligence or acts of third persons.

(d) The guardian may:

(A) Make advance funeral and burial arrangements;

(B) Subject to the provisions of ORS 97.130 (Right to control disposition of remains), control the disposition of the remains of the protected person; and

(C) Subject to the provisions of ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent), make an anatomical gift of all or any part of the body of the protected person.

(e) The guardian of a minor has the powers and responsibilities of a parent who has legal custody of a child, except that the guardian has no obligation to support the minor beyond the support that can be provided from the estate of the minor, and the guardian is not liable for the torts of the minor. The guardian may consent to the marriage or adoption of a protected person who is a minor.

(f) Subject to the provisions of ORS 125.320 (Limitations on guardian) (2), the guardian may receive money and personal property deliverable to the protected person and apply the money and property for support, care and education of the protected person. The guardian shall exercise care to conserve any excess for the protected person’s needs.

(2) If a conservator has been appointed for the protected person, the guardian may file a motion with the court seeking an order of the court on the duties of the conservator relating to payment of support for the protected person.

(3) A guardian may consent to the withholding or withdrawing of artificially administered nutrition and hydration for a protected person only under the circumstances described in ORS 127.580 (Presumption of consent to artificially administered nutrition and hydration) (1)(a), (b), (d), (e) or (f) and, if the protected person has a medical condition specified in ORS 127.580 (Presumption of consent to artificially administered nutrition and hydration) (1)(b), (d), (e) or (f), the condition has been medically confirmed. [1995 c.664 §30; 1997 c.472 §12; 2007 c.230 §1; 2007 c.681 §27]

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


1 Legislative Counsel Committee, CHAPTER 125—Protective Proceedings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors125.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 125, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano125.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.