Oregon § 125.090 Termination of proceedings

Oregon Statutes

§ 125.090 — Termination of proceedings

Oregon § 125.090

Vol.3

Title 13Protective Proceedings; Powers of Attorney; Trusts

Ch. 125Protective Proceedings

This text of Oregon § 125.090 (Termination of proceedings) 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.

Bluebook

Or. Rev. Stat. § 125.090 (2026).

Text

(1)A protected person is entitled to the same rights and procedures provided in the original proceedings when a motion to terminate the protective proceeding is filed and a fiduciary opposes the motion. The fiduciary has the burden of proving by clear and convincing evidence that a protected person continues to be incapacitated or financially incapable if a motion to terminate a protective proceeding is filed and the fiduciary opposes the motion. A visitor must be appointed if a motion for termination of a guardianship is filed and objections are filed to the motion. A visitor may be appointed if a motion for termination of a conservatorship is filed.

(2)The court may terminate protective proceedings upon motion after determining any of the following:

(a)The appointment of a fiduciary o

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(1) A protected person is entitled to the same rights and procedures provided in the original proceedings when a motion to terminate the protective proceeding is filed and a fiduciary opposes the motion. The fiduciary has the burden of proving by clear and convincing evidence that a protected person continues to be incapacitated or financially incapable if a motion to terminate a protective proceeding is filed and the fiduciary opposes the motion. A visitor must be appointed if a motion for termination of a guardianship is filed and objections are filed to the motion. A visitor may be appointed if a motion for termination of a conservatorship is filed.
(2) The court may terminate protective proceedings upon motion after determining any of the following:
(a) The appointment of a fiduciary or other protective order was made because the protected person was a minor, and the protected person has attained the age of majority.
(b) The appointment of a fiduciary or other protective order was made because the protected person was incapacitated, and the protected person is no longer incapacitated.
(c) The appointment of a fiduciary or other protective order was made because the protected person was financially incapable, and the protected person is no longer financially incapable or the conditions of ORS 125.535 have been met.
(d) The protected person has died.
(e) The best interests of the protected person would be served by termination of the proceedings.
(f) If the appointment of a guardian was made because the protected person was a vulnerable youth:
(A) The protected person has attained 21 years of age;
(B) The protected person moved the court to terminate the guardianship; or
(C)(i) The guardian or other person moved the court to terminate the guardianship;
(ii) The motion is supported by a declaration establishing that a substantial change has occurred in the circumstances of the protected person or of the guardian; and
(iii) The best interests of the protected person would be served by termination of the guardianship.
(3) The court shall terminate a protective proceeding by entry of a general judgment.