Oregon Revised Statutes

Or. Rev. Stat. § 419B.367 (2026)

Letters of guardianship; reports by guardian; review of reports; legal status and liability of guardian

✓ current as of May 2026

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

419B.367 Letters of guardianship; reports by guardian; review of reports; legal status and liability of guardian. (1) Upon granting a motion for guardianship under ORS 419B.366 or upon granting a petition for guardianship under ORS 419B.365, the court shall issue letters of guardianship to the guardian. As provided in ORS 419A.255, a guardian may disclose letters of guardianship when necessary to fulfill the duties of a guardian. Letters of guardianship must be in substantially the following form:

______________________________________________________________________________

State of Oregon, )

) LETTERS OF

County of ___ ) GUARDIANSHIP

BY THESE LETTERS OF GUARDIANSHIP be informed:

That on ______ (month) ___ (day), 2___, the ______ Court,

______ County, State of Oregon, appointed ________ (name of guardian) guardian for ________ (name of ward) and that the named guardian has qualified and has the authority and duties of guardian for the named ward including legal custody of the ward, except as provided below.

IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the court at my office on ______ (month) ___ (day), 2___.

(Seal)

______, Clerk of the Court

By ______, Deputy

______________________________________________________________________________

(2) If the ward is an Indian child and the court finds that an agreement is in place between the Indian child’s tribe and the guardian that requires the guardian to maintain contact between the Indian child and the Indian child’s tribe, the order must include the terms of that agreement.

(3) In the order appointing the guardian, the court shall require the guardian to file with the court a written report within 30 days after each anniversary of appointment and may:

(a) Specify the frequency and nature of visitation or contact between relatives, including siblings, and the ward, if the court determines that visitation or contact is in the ward’s best interests;

(b) Enter an order for child support pursuant to ORS 419B.400 that complies with ORS 25.275; and

(4) The report required under subsection (3) of this section must:

(a) Contain a summary sheet that:

(A) Identifies the written report and includes the date of submission and the name of the submitting person; and

(B) Is maintained as part of the record of the case under ORS 419A.255 (1);

(b) Be maintained in the supplemental confidential file under ORS 419A.255 (2); and

(c) Contain an affidavit attesting to the accuracy of the report or contain a declaration under penalty of perjury immediately above the signature line of the guardian as follows: “I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.”

(5)(a) Upon timely receipt of a report under subsection (3) of this section, the court shall review the report and maintain the report as described in subsection (4) of this section. The court may:

(A) Direct the local citizen review board to conduct a review;

(B) Subject to the availability of funds, appoint a court visitor and require the visitor to file a report with the court; or

(b) If the court does not receive a report under subsection (3) of this section in a timely manner, the court shall:

(A) Direct the local citizen review board to conduct a review;

(B) Subject to the availability of funds, appoint a court visitor and require the visitor to file a report with the court; or

(6) Except as otherwise limited by the court, a person appointed guardian has legal custody of the ward and the duties and authority of legal custodian and guardian under ORS 419B.373 and 419B.376. A guardian is not liable to third persons for acts of the ward solely by reason of being appointed guardian. [2003 c.229 §3; 2005 c.84 §1; 2007 c.333 §3; 2013 c.417 §6; 2015 c.119 §4; 2015 c.121 §11; 2020 s.s.1 c.14 §45]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2008–2021 · leading case: Keffer v. A. R. M., 497 P.3d 781 (Or. Ct. App. 2021).

Sort: Relevance Newest Treatment

Keffer v. A. R. M., 497 P.3d 781 (Or. Ct. App. 2021). “366 (general guardianship); ORS 419B.367 (guardianship let- ters; guardian reports; local citizen board review; authority and duty of guardians); ORS 419B.”

T. H. v. M. P. B., 175 P.3d 1017 (Or. Ct. App. 2008). “ORS 419B.367(2)(a). The trial court acted under that authority when it determined the amount of mother’s parenting time in this case.”

Dep't of Human Servs. v. I. J. R., 292 P.3d 566 (Or. Ct. App. 2012). · cites it 3× “*606 In her sixth assignment, child contends that the trial court erred in failing to issue letters of guardianship pursuant to ORS 419B.367. In her answering brief, the CASA contended that issuance of letters of guardianship pursuant to ORS 419B.”

Th v. Mpb, 175 P.3d 1017 (Or. Ct. App. 2008). “ORS 419B.367(2)(a). The trial court acted under that authority when it determined the amount of mother's parenting time in this case.”

— Or. Rev. Stat. § 419B.367(1) — 1 case

Dep't of Human Servs. v. I. J. R., 292 P.3d 566 (Or. Ct. App. 2012). “*606 In her sixth assignment, child contends that the trial court erred in failing to issue letters of guardianship pursuant to ORS 419B.367. In her answering brief, the CASA contended that issuance of letters of guardianship pursuant to ORS 419B.”

— Or. Rev. Stat. § 419B.367(2)(a) — 2 cases

T. H. v. M. P. B., 175 P.3d 1017 (Or. Ct. App. 2008). “ORS 419B.367(2)(a). The trial court acted under that authority when it determined the amount of mother’s parenting time in this case.”

Th v. Mpb, 175 P.3d 1017 (Or. Ct. App. 2008). “ORS 419B.367(2)(a). The trial court acted under that authority when it determined the amount of mother's parenting time in this case.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.