125.005 Definitions
416 words·~2 min read·
/or/ors-chapter-125/protective-proceedings/125-005·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
125.005 Definitions. 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.
(11)“Visitor” means a person appointed by the court under ORS 125.150 for the purpose of interviewing and evaluating a respondent or protected person.
(12)“Vulnerable youth” means a person who:
(a)Is at least 18 years of age but has not attained 21 years of age;
(b)Is eligible for classification under 8 U.S.C. 1101(a)(27)(J); and
(c)Cannot be reunified with one or more of the person’s parents due to abuse, neglect or abandonment, that occurred when the person was a minor. [1995 c.664 §1; 2007 c.70 §31; 2021 c.399 §1]