2017 ORS 125.678¹
Appointment
  • term
  • responsibilities
  • delegation of duties
  • rules

(1) The Long Term Care Ombudsman appointed under ORS 441.403 (Office of Long Term Care Ombudsman), in consultation with the Residential Ombudsman and Public Guardianship Advisory Board, shall appoint the Oregon Public Guardian and Conservator in the office of the Long Term Care Ombudsman for a four-year term. The Oregon Public Guardian and Conservator serves at the pleasure of the Long Term Care Ombudsman and may be removed by the Long Term Care Ombudsman for good cause. If there is a vacancy for any cause, the Long Term Care Ombudsman shall make an appointment within 60 days. The Oregon Public Guardian and Conservator shall receive a salary as fixed by the Long Term Care Ombudsman and be reimbursed for all reasonable travel and other expenses incurred in the performance of official duties.

(2) The Oregon Public Guardian and Conservator shall be responsible for carrying out the powers, duties and functions of the Oregon Public Guardian and Conservator pursuant to ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account), within the office of the Long Term Care Ombudsman.

(3) The Oregon Public Guardian and Conservator may:

(a) Hire or contract with volunteers, staff, deputy public guardians and conservators and other qualified individuals, as necessary, to carry out the powers, duties and functions of the Oregon Public Guardian and Conservator;

(b) Prescribe the duties and assignments of persons hired or under contract with the Oregon Public Guardian and Conservator;

(c) Fix the compensation, including reasonable travel and other expenses incurred in the performance of official duties, of persons hired by or under contract with the Oregon Public Guardian and Conservator subject to the State Personnel Relations Law; and

(d) Adopt rules to carry out the provisions of ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account).

(4) The Long Term Care Ombudsman may hire or contract with staff to serve in the office of the Long Term Care Ombudsman as necessary to advise and support the Oregon Public Guardian and Conservator.

(5)(a) The Oregon Public Guardian and Conservator may delegate the exercise or discharge of any power, duty or function that is vested in or imposed by law upon the Oregon Public Guardian and Conservator to a deputy public guardian and conservator, staff person or volunteer hired by or under contract with the Oregon Public Guardian and Conservator as appropriate for the purpose of conducting an official act in the name of the Oregon Public Guardian and Conservator. The official act of any person acting in the name of the Oregon Public Guardian and Conservator by the authority of the Oregon Public Guardian and Conservator is an official act of the Oregon Public Guardian and Conservator.

(b) Notwithstanding paragraph (a) of this subsection, a court may not appoint a deputy public guardian and conservator as a fiduciary in a proceeding under ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) but shall appoint the Oregon Public Guardian and Conservator as the fiduciary in the proceeding.

(6) The Oregon Public Guardian and Conservator may solicit and accept gifts, grants and donations from public and private sources for the purpose of carrying out the provisions of ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account), which moneys shall be deposited in the Oregon Public Guardian and Conservator Fund established under ORS 125.689 (Oregon Public Guardian and Conservator Fund). [2014 c.117 §3; 2017 c.310 §1; 2017 c.441 §25]

1 Legislative Counsel Committee, CHAPTER 125—Protective Proceedings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors125.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.