Or. Admin. Code § 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.
Notes
Stat. Auth.: ORS 410.070
Stats. Implemented: ORS 125.012 & 410.070
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