Oregon Revised Statutes

Or. Rev. Stat. § 419B.376 (2026)

Duties and authority of guardian

✓ current as of May 2026
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      419B.376 Duties and authority of guardian. A person, agency or institution having guardianship of a ward by reason of appointment by the court has the duties and authority of a guardian of the ward, including but not limited to the following:

      (1) To authorize surgery for the ward, but this authority does not prevent the person having legal custody of the ward from acting under ORS 419B.373 (4).

      (2) To authorize the ward to enlist in the Armed Forces of the United States.

      (3) To consent to the ward’s marriage if the ward is at least 18 years of age.

      (4) When the ward has been committed under ORS 419B.527, to consent to the adoption of the ward.

      (5) To make other decisions concerning the ward of substantial legal significance.

      (6) To make such reports and to supply such information to the court as the court may from time to time require. [1993 c.33 §116; 2003 c.396 §66; 2025 c.224 §7]

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2006–2026 · leading case: Dep't of Human Servs. v. S. M., 323 P.3d 947 (Or. 2014).
Dep't of Human Servs. v. S. M., 323 P.3d 947 (Or. 2014). · cites it 33× “They recognize that ORS 419B.376, read in isolation, might appear to give DHS that authority.”
Dep't of Human Servs. v. S. M., 300 P.3d 1254 (Or. Ct. App. 2013). · cites it 3× “373; that of the ward’s guardian, ORS 419B.376; and that of the juvenile court, ORS 419B.”
State Ex Rel. Juv. Dept. v. Smith, 133 P.3d 924 (Or. Ct. App. 2006). · cites it 2× “" ORS 419B.376(5). The decision to seek a guardian for purposes of making health care decisions is clearly a "decision concerning [T] of substantial legal significance.”
Keffer v. A. R. M., 497 P.3d 781 (Or. Ct. App. 2021). “373(4) permits DHS to authorize ‘extraordinary care’ in health care emergencies, that statute does not prohibit DHS from dele- gating that authority pursuant to ORS 419B.376(5). In fact, as we explain above, because DHS is exercising juvenile code authority in seeking a limited…”
State ex rel. Juv. Dep't v. Smith, 133 P.3d 924 (Or. Ct. App. 2006). · cites it 2× “” ORS 419B.376(5). The decision to seek a guardian for purposes of making health care decisions is clearly a “decision concerning [T] of substantial legal significance.”
L. D. v. T. J. T., 360 P.3d 746 (Or. Ct. App. 2015). “370 (2003) and ORS 419B.376 make the juvenile court, as an incident of its wardship, the ward’s guardian.”
State ex rel. Dep't of Human Servs. v. W. C., 172 P.3d 264 (Or. Ct. App. 2007). · cites it 4× “070(3) and ORS 419B.376. Standing refers to “whether a party to a legal proceeding possesses a status or qualification necessary for the assertion, enforcement, or adjudication of legal rights or duties.”
Dept. of Human Servs. v. K. R. K. (Or. Ct. App. 2026). “373 (describing the duties and authority of a legal custodian); ORS 419B.376 (describ- ing the duties and authority of a guardian).”
— Or. Rev. Stat. § 419B.376(1) — 1 case
Dep't of Human Servs. v. S. M., 300 P.3d 1254 (Or. Ct. App. 2013). “373; that of the ward’s guardian, ORS 419B.376; and that of the juvenile court, ORS 419B.”
— Or. Rev. Stat. § 419B.376(5) — 3 cases
State Ex Rel. Juv. Dept. v. Smith, 133 P.3d 924 (Or. Ct. App. 2006). “" ORS 419B.376(5). The decision to seek a guardian for purposes of making health care decisions is clearly a "decision concerning [T] of substantial legal significance.”
Keffer v. A. R. M., 497 P.3d 781 (Or. Ct. App. 2021). “373(4) permits DHS to authorize ‘extraordinary care’ in health care emergencies, that statute does not prohibit DHS from dele- gating that authority pursuant to ORS 419B.376(5). In fact, as we explain above, because DHS is exercising juvenile code authority in seeking a limited…”
State ex rel. Juv. Dep't v. Smith, 133 P.3d 924 (Or. Ct. App. 2006). “” ORS 419B.376(5). The decision to seek a guardian for purposes of making health care decisions is clearly a “decision concerning [T] of substantial legal significance.”
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