Or. Admin. Code § 411-026-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-026-0010 - Definitions

For purposes of these rules, the following definitions apply:

(1) "Area Agency on Aging (AAA)" means the agency designated by the Department with responsibility to provide a comprehensive and coordinated system of service to older adults or adults with disabilities in a designated planning and service area.

(2) "Central Office" means the office of the Division that provides statewide support for the local offices.

(3) "Confidential Information" means any health, mental health, financial, substantiated abuse, and legal information that is designated as Department confidential or protected information by federal and state statutes or rule.

(4) "Conservator" means a person who has fiduciary duty and is appointed by a court to administer the financial and property resources of a protected individual under ORS Chapter 125.

(5) "Court" means any court in Oregon having probate jurisdiction or a judge thereof.

(6) "Department" means the Department of Human Services (DHS).

(7) "Disability" means any chronic physical or cognitive condition, such as acquired brain damage or dementia that significantly interferes with an individual's ability to protect his or herself from harm, abuse, neglect, or exploitation.

(8) "Division" means the Department of Human Services, Seniors and People with Disabilities Division.

(9) "Fiduciary" means a guardian or conservator appointed under the provisions of ORS Chapter 125. A fiduciary may be:

(a) Temporary in which the powers given in the protective order last generally 30 days and may be granted immediately in an emergency;

(b) Limited in which only specific powers (not all powers) are granted in the protective order; and

(c) Full in which all or a substantial amount of powers are granted in the protective order. Full guardianship and conservatorships are generally long term.

(10) "Financially Incapable" means a condition in which an individual is unable to manage his or her financial resources effectively for reasons including but not limited to physical disability or cognitive disability, such as acquired brain injury or dementia.

(11) "Functionally Incapacitated" means a condition in which an individual's ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the individual presently lacks the capacity to meet the essential requirements for the individual'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, financial attention, and other care without which serious physical injury or illness is likely to occur.

(12) "Guardian" means a person who has fiduciary duty and is appointed by a court to make personal, health, or other decisions for a functionally incapacitated individual under ORS chapter 125.

(13) "Interested Party" means persons or entities that under ORS 125.060 shall be notified about the filing of a protective order.

(14) "Local Office" means a Division district office or Area Agency on Aging office that delivers the Division's services to their service delivery area.

(15) "Manage Financial Resources" means those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income.

(16) "Party to the Proceeding" means the respondent, petitioner, guardian, conservator, and their legal counsel, or any other person allowed by the court to participate in a guardianship or conservatorship proceeding.

(17) "Visitor" means a person who is an officer, employee, or special appointee of the court, is not an interested party in the proceedings, and has been trained or has the expertise to appropriately evaluate the needs of the allegedly incapacitated individual.

Or. Admin. Code § 411-026-0010

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