SLR 4-9.075: GUARDIANSHIPS

(1) A Petition for Guardianship shall designate, in the caption, that it is for guardianship of an adult, whether it is for a temporary or indefinite time (or both), and whether a conservatorship is also being requested. The fee for the visitor’s investigation fee shall be paid directly to the court visitor. Proof of payment of the court visitor’s fee shall be filed within 30 days. (2) The fee for a Court Visitor investigation shall be paid to the court prior to the appointment of a Court Visitor, in the amount established by presiding judge order. The Court Visitor will not undertake an investigation unless the fee has been paid or waived by order of the court. (3) Upon the issuance of an order appointing a Court Visitor, the attorney for the petitioning party 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 via email. (4) Petitions for Appointment of a Temporary Guardian should be accompanied by appropriate affidavits and medical reports. The Petition should be filed with the Probate Department of the Civil Division and presented to the Chief Family Law Judge or designee at a Probate Short Matters Docket hearing scheduled per SLR 9.025(4). Petitioners are required to appear at this hearing. (a) Extensions of temporary guardianships shall be set on the Probate Short Matters Docket after the filing of a motion, declaration, and proposed order. Extensions that are stipulated to do not require a hearing. The petitioner shall ensure that the Court Visitors are informed of the date and time of the Short Matters Docket appearance. (5) Within 30 days after each anniversary of appointment, a Guardian for an adult or minor protected person, shall file with the court a written report. Copies of the Guardian’s Report must be given to those persons specified in ORS 125.060 (3). The report shall be in the form prescribed by the court. (See Guardianship Report Forms, Forms Appendix.) (6) Motions to terminate a guardianship filed by a party other than the fiduciary, where consent of the guardian has not been filed, will require an appearance on the Probate Short Matters Docket prior to the termination of the guardianship.