Rule SLR 9.075 - GUARDIANSHIP(1) A Petition for Guardianship shall state, in the caption, whether it is for guardianship of a minor or an adult, whether it is for a temporary or indefinite time (or both), and whether a conservatorship will also be requested. All Petitioners shall state their full legal name in the Petition. If a Petition for Guardianship includes a request for waiver of two (2) day notice, then the caption shall also designate that it is an "Emergency Protective Proceeding." For adult guardianships, the deposit for the visitor's investigation fee shall be paid within one (1) business day of filing the Petition unless the party has secured a fee waiver or deferral.(2) When an order appointing a court visitor is issued, the petitioner's attorney shall provide copies of the petition, marked "VISITOR'S COPY" with supporting documentation and copies of proposed notices and the ORS 125.070(4) respondent's objection (the blue form) to the designated court visitor by e-mail.(3) Petitions for Appointment of a Temporary Guardian shall be accompanied by appropriate affidavits and medical reports and filed with the Probate Department.(4) If a guardian intends to use a protected person's funds for room and board that the guardian or guardian's spouse, parent or child will provide to the protected person, then the Petition for Guardianship must include a monthly budget showing the total cost for all occupants' room and board, the proportion of the total room and board proposed to be paid by the protected person's funds, and the amount of the protected person's funds that will remain for other necessary expenses. A Limited Judgment granting a Petition for Guardianship that includes such a budget satisfies the ORS 125.320(2) requirement for an advance order. The protected person's contribution to room and board shall not be increased without a new court order that allows it.(5) Within thirty (30) days after each anniversary of appointment, a guardian of a minor shall file a written report with the court. Copies of the guardian's report must be given to those people specified in ORS 125.060 (3). The report shall be in substantially the same form as that described in ORS 125.325.(6) If a guardian uses a protected person's funds for room and board that the guardian or guardian's spouse, parent or child has provided to the protected person without having had a budget approved with the Petition, then a budget as described in section (4) must be included with the next annual guardian's report. Approval of the annual guardian's report with the budget satisfies the ORS 125.320(2) requirement for an advance order. Thereafter, the protected person's contribution to room and board shall not be increased without a new court order that allows it.(7) When the protected person in a Clackamas County guardianship case moves to a residence outside of Clackamas County, a motion, declaration and order to transfer the case must be filed to move it to the court where the protected person lives. This is presumed to serve the protected person's best interest under ORS 125.020(4) unless the guardian explains good reasons for the case to remain in Clackamas County in a declaration filed with the Probate Department.Clackamas Supp. L. R. SLR 9.075
Amended effective 2/1/2024.