125.300 In
general. (1)(a)
Except as provided in paragraph (b) of this subsection, a guardian may be
appointed for an adult person only as is necessary to promote and protect the
well-being of the protected person. A guardianship for an adult person must be
designed to encourage the development of maximum self-reliance and independence
of the protected person and may be ordered only to the extent necessitated by
the person’s actual mental and physical limitations.
(b) A guardian
may be appointed for an adult person if there is clear and convincing evidence
that the person is a vulnerable youth. A guardianship for a vulnerable youth
must be designed to encourage the development of maximum self-reliance and
independence of the vulnerable youth and may be ordered only to the extent that
the vulnerable youth consents and that is necessitated by the circumstances
justifying the appointment of a guardian for the vulnerable youth.
(2) An adult
protected person for whom a guardian has been appointed is not presumed to be
incompetent.
(3) A protected
person retains all legal and civil rights provided by law except those that
have been expressly limited by court order or specifically granted to the
guardian by the court. Rights retained by the person include but are not
limited to the right to contact and retain counsel and to have access to
personal records. [1995 c.664 §27; 2021 c.399 §10]
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2003–2026 · leading case:
Compton v. Compton, 66 P.3d 572 (Or. Ct. App. 2003).
Compton v. Compton, 66 P.3d 572 (Or. Ct. App. 2003).
“However, because the parties are her legal guardians, ORS 125.300 to 125.330 are applicable. In particular, ORS 125.”
De La Cruz Gomez & De La Cruz, 577 P.3d 1200 (Or. Ct. App. 2025).
· cites it 9× “In November 2023, shortly after youth turned 18, peti- tioner petitioned the court under ORS 125.300 to be appointed as his guardian to help mitigate the lingering effects of aban- donment and neglect.”
McCoy v. McCoy, 349 Or. App. 532 (Or. Ct. App. 2026).
· cites it 3× “005 provides definitions for ORS 125.300, which governs the appointment of guardians.”
State v. Symons, 333 P.3d 1170 (Or. Ct. App. 2014).
“Her mandate as a court-appointed guardian is to “promote and protect the well-being of the protected person,” ORS 125.300(1), and she can be removed by the court whenever, in the court’s judgment, doing so “is in the best interests of the protected person,” ORS 125.”
Or. Rev. Stat. § 125.300(1): 1 case
State v. Symons, 333 P.3d 1170 (Or. Ct. App. 2014).
“Her mandate as a court-appointed guardian is to “promote and protect the well-being of the protected person,” ORS 125.300(1), and she can be removed by the court whenever, in the court’s judgment, doing so “is in the best interests of the protected person,” ORS 125.”
Or. Rev. Stat. § 125.300(1)(a): 1 case
McCoy v. McCoy, 349 Or. App. 532 (Or. Ct. App. 2026).
“005 provides definitions for ORS 125.300, which governs the appointment of guardians.”
Or. Rev. Stat. § 125.300(1)(b): 1 case
De La Cruz Gomez & De La Cruz, 577 P.3d 1200 (Or. Ct. App. 2025).
“In November 2023, shortly after youth turned 18, peti- tioner petitioned the court under ORS 125.300 to be appointed as his guardian to help mitigate the lingering effects of aban- donment and neglect.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.