A person, or agency, appointed by the court to manage a person’s finances.
A person appointed by the court for the purpose of interviewing and evaluating a respondent and the person seeking guardianship.
A disability attributable to a mental or physical condition such as autism, cerebral palsy, epilepsy, or other neurological handicapping condition, which requires training or support, and the disability:
- originates before the individual attains the age of 22 years, except that in the case of intellectual disability (formerly known as “mental retardation” the condition must be manifested before the age of 18
- has continued , or can be expected to continue, indefinitely; and
- constitutes a substantial handicap to the ability of the individual to function in society; or
- results in significant sub-average general intellectual functioning with concurrent deficits in adaptive behavior which are manifested during the developmental period.
Individuals of borderline intelligence may be considered to have intellectual disability if there is also serious impairment of adaptive behavior. (Diagnostic and Statistical Manual for Mental Disorders (DSM-5))
A guardian or conservator appointed under the Oregon Revised Statutes or any other person appointed by a court to assume duties with respect to a protected person. (ORS 125.005)
A Health Care Representative can make medical decisions and sign consent forms. Health Care Representatives are either appointed or self-appointed, depending on the individual’s decision making capacity. Each has their own requirements and regulations.
OAR 411-0365-0100 provides for the appointment of a health care representative for making “health decisions for incapable individuals in situations where there is concurrence by the ISP team regarding the individual’s incapacity, the identity of the health care representative and significant health care decisions.” The protected person must be an adult with a developmental disability who lives in a facility or home licensed as a 24-hour residential service.
ORS Chapter 127 states, “A capable adult may designate in writing a competent adult to serve as attorney-in-fact for health care. This document is effective when it is signed, witnessed and accepted as required by the Oregon Revised Statutes and when the capable person becomes incapable. The statutes also state a capable adult may execute a health care instruction as defined in ORS 127.531. This form of an advanced directive gives instructions to the Health Care Representative and must be signed and witnessed as required.
“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. ” (ORS 125.005)
A person’s agreement to allow something to happen, based on full disclosure of the facts needed to make the decision intelligently.
The written details of the supports, activities, and resources required for the individual to achieve personal goals. The general welfare and personal preferences of the individual are the key consideration. The individual and his or her team are responsible for developing the individual plan of support.
The individual, the case manager, the individual’s legal guardian, representatives of all current service providers, advocate or others determined appropriate by the individual receiving services. The team assesses personal choices and preferences, significant health care, mental health or behavioral needs and safety and financial skills. If the individual is unable or does not express a preference, other appropriate team membership shall be determined by the ISP team members. (OAR 411)
A compilation of the administrative rules of Oregon state agencies, compiled, indexed, and published by the Secretary of State’s Office.
The codified laws of the State of Oregon. The ORS is published every two years to incorporate each session’s new laws. The most recent version of the ORS will have the date of the most recent Legislative session. If an ORS and OAR are in conflict, the ORS overrides the OAR.
Physician Orders for Life-Sustaining Treatment is a document designed to help health care professionals honor the end-of-life treatment desires of their patients. The document is a physician order form that follows patient wishes and treatment intentions. It is not intended to be completed by the patient or the patient’s family. It is not an advance directive, which, in Oregon, must follow statutory wording. For more information, visit the OHSU website.
A person for whom a protective order (such as a guardianship or conservatorship) has been entered.
The nomination of a guardian in a Last Will and Testament.