This text of Oregon § 125.082 (Notice of appointment) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)(a) Upon appointment, a guardian shall deliver written notice of the order of appointment to the persons described in ORS 125.060 (3). (b)(A) The notice provided to the protected person under this subsection must be delivered in person in a manner reasonably calculated to be understood by the protected person.
(B)When delivering the notice to the protected person under this subsection, the guardian shall offer to also provide the notice to the protected person orally. If the protected person requests oral notice in response to the offer or otherwise, the guardian shall provide oral notice.
(C)In providing notice to the protected person under this paragraph, the guardian shall provide reasonable accommodations for effective communication as necessary.
(c)Notwithstanding paragraph (b)
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(1)(a) Upon appointment, a guardian shall deliver written notice of the order of appointment to the persons described in ORS 125.060 (3).
(b)(A) The notice provided to the protected person under this subsection must be delivered in person in a manner reasonably calculated to be understood by the protected person.
(B) When delivering the notice to the protected person under this subsection, the guardian shall offer to also provide the notice to the protected person orally. If the protected person requests oral notice in response to the offer or otherwise, the guardian shall provide oral notice.
(C) In providing notice to the protected person under this paragraph, the guardian shall provide reasonable accommodations for effective communication as necessary.
(c) Notwithstanding paragraph (b) of this subsection, if the guardian determines that personal delivery of the notice to the protected person is unduly burdensome, the guardian may deliver the notice by first class mail and certified, registered or express mail, return receipt requested.
(2) A notice under this section must include:
(a) The title of the court in which the protective proceeding is pending and the clerk’s file number;
(b) The name and address of the protected person and the attorney for the protected person, if any;
(c) The name and address of the guardian and the attorney for the guardian, if any;
(d) The date of the appointment of the guardian;
(e) A statement describing the authority awarded to the guardian and any limitations placed on the guardian’s authority;
(f) A statement advising the protected person or other interested person of the right of the protected person to seek removal of the guardian or termination of the guardianship; and
(g) If the notice is delivered to the protected person as provided in subsection (1)(c) of this section, a statement describing why personal delivery of the notice was unduly burdensome.
(3) No later than 30 days following the date of the guardian’s appointment, the guardian shall file in the proceeding before the court proof of the giving of notice under this section, including:
(a) The date, time and place where written notice was provided;
(b) A description of the manner the notice was provided, whether notice was provided orally and whether any reasonable accommodation was provided;
(c) If the guardian delivered notice as provided in subsection (1)(c) of this section, a brief description of why personal delivery of the notice was unduly burdensome together with return of receipt of the mailing; and
(d) If the protected person is a resident of a mental health treatment facility or a residential facility for individuals with developmental disabilities, or if the guardian intends to place the protected person in such a facility, the guardian shall provide notice under this section to the system described in ORS 192.517 (1):
(A) If the guardian is represented by counsel, electronically in a manner described by the system; or
(B) If the guardian is not represented by counsel, by mail or electronically in a manner described by the system.