(1) A protected person is entitled to the same rights and procedures provided in the original proceedings when a motion to terminate the protective proceeding is filed and a fiduciary opposes the motion. The fiduciary has the burden of proving by clear and convincing evidence that a protected person continues to be incapacitated or financially incapable if a motion to terminate a protective proceeding is filed and the fiduciary opposes the motion. A visitor must be appointed if a motion for termination of a guardianship is filed and objections are filed to the motion. A visitor may be appointed if a motion for termination of a conservatorship is filed.
(2) The court may terminate protective proceedings upon motion after determining any of the following:
(a) The appointment of a fiduciary or other protective order was made because the protected person was a minor, and the protected person has attained the age of majority.
(b) The appointment of a fiduciary or other protective order was made because the protected person was incapacitated, and the protected person is no longer incapacitated.
(c) The appointment of a fiduciary or other protective order was made because the protected person was financially incapable, and the protected person is no longer financially incapable or the conditions of ORS 125.535 have been met.
(d) The protected person has died.
(e) The best interests of the protected person would be served by termination of the proceedings.
(3) The court shall terminate a protective proceeding by entry of a general judgment. [1995 c.664 §14; 2005 c.568 §37]
Section: Previous 125.055 125.060 125.065 125.070 125.075 125.080 125.085 125.090 125.095 125.150 125.155 125.160 125.165 125.170 125.200 NextLast modified: August 7, 2008