Or. Admin. Code § 411-026-0030

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

Section 411-026-0030 - Screening

(1) The local office shall complete a screening of the individual for whom a guardian or conservator is sought. The screening shall:

(a) Provide specific objective evidence of functional incapacitation or financial incapability;

(b) Address whether the individual's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that he or she presently lacks the essential requirements for:

(A) His or her health or safety; or

(B) Managing his or her financial resources.

(c) If a conservatorship is not required with a guardianship, determine if the guardian or other person or entity needs to exercise powers over the individual's resources;

(d) Demonstrate that a protective order is necessary to prevent or lessen a serious and imminent threat of harm to the individual; and

(e) Recommend the most appropriate type of protective order, as follows:

(A) Temporary order (emergency order) when there is an imminent and serious danger that needs immediate action.

(B) Limited order when the incapacitated individual needs some but not all decisions to be made by someone else.

(C) Full order when it is demonstrated that long-term and substantial decision-making is needed for the continuing care, comfort, and maintenance of the incapacitated individual.

(D) Other protective orders that may be a less restrictive option.

(2) Unless unattainable, a professional clinical evaluation to determine the individual's capacity to make decisions shall accompany the assessment.

(3) The local office staff may recommend a person to act as a fiduciary. This may be a family member, friend, public or community guardianship program, or a private case manager. Within the capacity of the Division's existing services, procedures, and resources, the local office shall make reasonable efforts to inquire if the person is suitable to act as a fiduciary.

Or. Admin. Code § 411-026-0030

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 410.070