Oregon Revised Statutes Chapter 125 § 125.827 — Appropriate forum
Oregon Revised Statutes Chapter 125 ·
Oregon Code § 125.827·Enacted ·Last updated March 01, 2026
Statute Text
Appropriate forum.
(1) A court of this state having jurisdiction under ORS 125.820 to appoint a
guardian or issue a conservatorship order may decline to exercise its
jurisdiction if it determines at any time that a court of another state is a
more appropriate forum.
(2) If a court of
this state declines to exercise its jurisdiction under subsection (1) of this
section, the court shall either dismiss or stay the proceeding. The court may
impose any condition the court considers just and proper, including the
condition that a petition for the appointment of a guardian or issuance of a
conservatorship order be filed promptly in another state.
(3) In
determining whether it is an appropriate forum, the court shall consider all
relevant factors, including:
(a) Any expressed
preference of the respondent;
(b) Whether
abuse, neglect or exploitation of the respondent has occurred or is likely to
occur and which state could best protect the respondent from the abuse, neglect
or exploitation;
(c) The length of
time the respondent was physically present in or was a legal resident of this
or another state;
(d) The distance
of the respondent from the court in each state;
(e) The financial
circumstances of the respondents estate;
(f) The nature
and location of the evidence;
(g) The ability
of the court in each state to decide the issue expeditiously and the procedures
necessary to present evidence;
(h) The
familiarity of the court of each state with the facts and issues in the
proceeding; and
(i) If an
appointment were made, the courts ability to monitor the conduct of the
guardian or conservator. [2009 c.179 §12]
Note:
See note under 125.800.
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 125.827
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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