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]
Notes of Decisions
Cited in
22
cases (
9 in the last 5 years), 2002–2026 · leading case:
Greenberg v. Myers, 127 P.3d 1192 (Or. 2006).
Greenberg v. Myers, 127 P.3d 1192 (Or. 2006).
· cites it 4× “” Section 2(3) of the proposed measure provides, “ Minor’ has the meaning given that term in ORS 125.005.” ORS 125.005(6) defines “minor” as “any person who has not attained 18 years of age.”
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
· cites it 3× “” 2 ORS 125.005 was first enacted in 1995 as the Elder Abuse Prevention Act (EAPA).”
Herring v. Am. Med. Response Nw., Inc., 297 P.3d 9 (Or. Ct. App. 2013).
· cites it 4× ““‘Incapacitated’ has the meaning given that term in ORS 125.005.” ORS 124.100(l)(c). In turn, ORS 125.”
Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, P. C., 273 P.3d 204 (Or. Ct. App. 2012).
· cites it 6× “” ORS 125.005(10). ORS 125.095(1) authorizes payment to an attorney for services provided on behalf of the former (that is, “the protected *197 person”), but not the latter (that is, “a person for whom entry of a protective order is sought”).”
Schaefer v. Schaefer, 52 P.3d 1125 (Or. Ct. App. 2002).
· cites it 3× “ORS 125.005 to ORS 125.730. A petitioner seeking to create a guardianship must establish that the proposed protected person is “incapacitated,” defined as follows: *517 “ ‘Incapacitated’ means a condition in which a person’s ability to receive and evaluate information…”
Grimmett v. Brooks, 89 P.3d 1238 (Or. Ct. App. 2004).
· cites it 2× “” [7] 7 ORS 125.005(2) defines “fiduciary as “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.”
State v. J. B., 569 P.3d 226 (Or. Ct. App. 2025).
· cites it 2× “See ORS 125.005(5) (defining “incapacitated” as “a condition in which a person’s ability to receive and evaluate information effectively or to communi- cate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential require- ments…”
Brown v. MacDonald & Assocs., LLC, 317 P.3d 301 (Or. Ct. App. 2013).
· cites it 4× “) ORS 125.005(3) provides the following definition: “‘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…”
State v. J. B., 339 Or. App. 354 (Or. Ct. App. 2025).
· cites it 2× “See ORS 125.005(5) (defining “incapacitated” as “a condition in which a person’s ability to receive and evaluate information effectively or to communi- cate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential require- ments…”
Wyers v. Am. Med. Response Nw., Inc., 342 P.3d 129 (Or. Ct. App. 2014).
“100(l)(c), an “[[Incapacitated” person is defined by reference to ORS 125.005(5), which provides: “‘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…”
Balcom v. Peterson (D. Or. 2024).
· cites it 7× “) In her declaration, Barnes asserts that Balcom is “incapacitated or financially incapable as defined by ORS 125.005.”3 (Barnes Decl. at 2.) Barnes also states that Balcom “has had a form of diminished mental capacity his entire life .”
McCoy v. McCoy, 349 Or. App. 532 (Or. Ct. App. 2026).
· cites it 9× “ORS 125.005 provides definitions for ORS 125.”
— Or. Rev. Stat. § 125.005(10) — 1 case
Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, P. C., 273 P.3d 204 (Or. Ct. App. 2012).
“” ORS 125.005(10). ORS 125.095(1) authorizes payment to an attorney for services provided on behalf of the former (that is, “the protected *197 person”), but not the latter (that is, “a person for whom entry of a protective order is sought”).”
— Or. Rev. Stat. § 125.005(11) — 1 case
— Or. Rev. Stat. § 125.005(12) — 1 case
— Or. Rev. Stat. § 125.005(2) — 6 cases
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
“” 2 ORS 125.005 was first enacted in 1995 as the Elder Abuse Prevention Act (EAPA).”
Grimmett v. Brooks, 89 P.3d 1238 (Or. Ct. App. 2004).
“” [7] 7 ORS 125.005(2) defines “fiduciary as “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.”
McCoy v. McCoy, 349 Or. App. 532 (Or. Ct. App. 2026).
“ORS 125.005 provides definitions for ORS 125.”
— Or. Rev. Stat. § 125.005(3) — 6 cases
Grimmett v. Brooks, 89 P.3d 1238 (Or. Ct. App. 2004).
“” [7] 7 ORS 125.005(2) defines “fiduciary as “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.”
Brown v. MacDonald & Assocs., LLC, 317 P.3d 301 (Or. Ct. App. 2013).
“) ORS 125.005(3) provides the following definition: “‘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…”
Balcom v. Peterson (D. Or. 2024).
“) In her declaration, Barnes asserts that Balcom is “incapacitated or financially incapable as defined by ORS 125.005.”3 (Barnes Decl. at 2.) Barnes also states that Balcom “has had a form of diminished mental capacity his entire life .”
— Or. Rev. Stat. § 125.005(5) — 8 cases
Schaefer v. Schaefer, 52 P.3d 1125 (Or. Ct. App. 2002).
“ORS 125.005 to ORS 125.730. A petitioner seeking to create a guardianship must establish that the proposed protected person is “incapacitated,” defined as follows: *517 “ ‘Incapacitated’ means a condition in which a person’s ability to receive and evaluate information…”
State v. J. B., 569 P.3d 226 (Or. Ct. App. 2025).
“See ORS 125.005(5) (defining “incapacitated” as “a condition in which a person’s ability to receive and evaluate information effectively or to communi- cate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential require- ments…”
State v. J. B., 339 Or. App. 354 (Or. Ct. App. 2025).
“See ORS 125.005(5) (defining “incapacitated” as “a condition in which a person’s ability to receive and evaluate information effectively or to communi- cate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential require- ments…”
Wyers v. Am. Med. Response Nw., Inc., 342 P.3d 129 (Or. Ct. App. 2014).
“100(l)(c), an “[[Incapacitated” person is defined by reference to ORS 125.005(5), which provides: “‘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…”
— Or. Rev. Stat. § 125.005(6) — 1 case
Greenberg v. Myers, 127 P.3d 1192 (Or. 2006).
“” Section 2(3) of the proposed measure provides, “ Minor’ has the meaning given that term in ORS 125.005.” ORS 125.005(6) defines “minor” as “any person who has not attained 18 years of age.”
— Or. Rev. Stat. § 125.005(7) — 1 case
Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, P. C., 273 P.3d 204 (Or. Ct. App. 2012).
“” ORS 125.005(10). ORS 125.095(1) authorizes payment to an attorney for services provided on behalf of the former (that is, “the protected *197 person”), but not the latter (that is, “a person for whom entry of a protective order is sought”).”
— Or. Rev. Stat. § 125.005(8) — 1 case
Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, P. C., 273 P.3d 204 (Or. Ct. App. 2012).
“” ORS 125.005(10). ORS 125.095(1) authorizes payment to an attorney for services provided on behalf of the former (that is, “the protected *197 person”), but not the latter (that is, “a person for whom entry of a protective order is sought”).”
— Or. Rev. Stat. § 125.005(9) — 2 cases
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
“” 2 ORS 125.005 was first enacted in 1995 as the Elder Abuse Prevention Act (EAPA).”
Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, P. C., 273 P.3d 204 (Or. Ct. App. 2012).
“” ORS 125.005(10). ORS 125.095(1) authorizes payment to an attorney for services provided on behalf of the former (that is, “the protected *197 person”), but not the latter (that is, “a person for whom entry of a protective order is sought”).”
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