OAR 411-026-0020: Eligibility for State Payment

When a protective order is the appropriate action to protect an individual, the Division may pay towards the costs of the proceeding for a protective order for an individual who: (1) Is age 65 years or older or is age 18 or older with a physical disability; (2) Is functionally incapacitated or financially incapable; (3) Is unable to make informed choices because he or she lacks the ability to understand the current situation, understand the options available and their likely consequences, and reasonably choose from among those options and communicate the choice; (4) Is in imminent and serious danger of harm to health, safety, or loss of property or resources; (5) Has no means, family, or other person or entity able to pay for the protective proceeding, or family or other person or entity that has the ability or willingness to petition for the responsibility for the safety and welfare of the individual; (6) Shall benefit directly from having a guardian or conservator; and (7) All available lesser restrictive options to protect his or her health and safety are exhausted or are not feasible.