125.090
Termination of proceedings.
(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. [1995
c.664 §14; 2005 c.568 §37; 2021 c.399 §8]
Notes of Decisions
Herring v. Am. Med. Response Nw., Inc., 297 P.3d 9 (Or. Ct. App. 2013).
“” ORS 125.090(2)(b). Defendant’s position would thus have to be that “incapacity” can apply to a temporary condition, but not to one that is so temporary that it could not endure for the time necessary to establish a protective order.”
Brown v. MacDonald & Assocs., LLC, 317 P.3d 301 (Or. Ct. App. 2013).
· cites it 5× “At the close of Jeffrey and David’s evidence, Brown sought a directed verdict, arguing that they had failed to present clear and convincing evidence that he continues to be financially incapable as required by ORS 125.090. After the court denied that motion, Brown testified on…”
J. J. S. W. v. M. a. W., 342 Or. App. 839 (Or. Ct. App. 2025).
“” ORS 125.090. Given the scope of remand in our decision in Wessel, the trial court’s determination that grandmother had devel- oped a child-parent relationship with the boys, and the trial court’s consolidation of the guardianship and custody cases, we remand for further…”
J. J. S. W. v. M. a. W., 342 Or. App. 839 (Or. Ct. App. 2025).
“” ORS 125.090. Given the scope of remand in our decision in Wessel, the trial court’s determination that grandmother had devel- oped a child-parent relationship with the boys, and the trial court’s consolidation of the guardianship and custody cases, we remand for further…”
Davis v. Deen, 567 P.3d 499 (Or. Ct. App. 2025).
“As the result of involvement with the Department of Human Services (DHS), and with A’s mother’s consent, A’s maternal grandmother became A’s guardian in 2017.”
Or. Rev. Stat. § 125.090(1): 1 case
Brown v. MacDonald & Assocs., LLC, 317 P.3d 301 (Or. Ct. App. 2013).
“At the close of Jeffrey and David’s evidence, Brown sought a directed verdict, arguing that they had failed to present clear and convincing evidence that he continues to be financially incapable as required by ORS 125.090. After the court denied that motion, Brown testified on…”
Or. Rev. Stat. § 125.090(2)(b): 1 case
Herring v. Am. Med. Response Nw., Inc., 297 P.3d 9 (Or. Ct. App. 2013).
“” ORS 125.090(2)(b). Defendant’s position would thus have to be that “incapacity” can apply to a temporary condition, but not to one that is so temporary that it could not endure for the time necessary to establish a protective order.”
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