Or. Admin. Code § 411-026-0000

Current through Register Vol. 63, No. 10, October 1, 2024

Section 411-026-0000 - Purpose and Scope

(1) The Department of Human Services (Department), Seniors and People with Disabilities Division (Division) has the authority and responsibility to provide protective services to older adults, age 65 or older, and adults with physical disabilities. For the purpose of providing protective services and administration of services under ORS Chapter 410, the Division may request protections from a court under ORS Chapter 125 for an individual who is functionally incapacitated or financially incapable.

(2) The Division's scope when requesting protections under ORS Chapter 125 includes:

(a) Subject to contractual limitations and budgetary constraints, the Division may pay towards the costs of the petition and the protective proceeding under ORS Chapter 125 when there are no other available resources, or when less restrictive interventions are not available, to protect an older adult or an adult with physical disabilities.

(b) For a protective proceeding, or in the case of an existing protective order issued under ORS Chapter 125, the Division may inform and provide confidential information to the court to prevent or lessen a serious and imminent risk to health and safety of an older adult or adult with physical disabilities. The Division may also provide information about the fiduciary for the purpose of the petition or to report abuse when there is substantiated abuse or a failure to protect by the fiduciary.

(3) The rules in OAR chapter 411, division 026 also establish guidelines for the nomination and payment of legal costs for conservators when necessary to preserve, recover, and locate the individual's assets for the benefit of the individual to obtain and maintain Department benefits and services, and for estate recovery of public assistance.

Or. Admin. Code § 411-026-0000

SSD 9-1996, f. & cert. ef. 10-15-96; SPD 30-2007, f. 11-27-06, cert. ef. 12-01-06; SPD 20-2010, f. 7-30-10, cert. ef. 8-1-10

Stat. Auth.: ORS 410.070

Stats. Implemented: ORS 125.012 & 410.070