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Oregon Petitioner's or Guardian Petitioner's Motion & Affidavit in Support of Dismissal

State:
Oregon
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OR-SKU-0299
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Description

Petitioner's or Guardian Petitioner's Motion & Affidavit in Support of Dismissal

Oregon Petitioner's or Guardian Petitioner's Motion & Affidavit in Support of Dismissal is a legal document filed in the Oregon court system to request that a criminal charge against an individual be dismissed. This motion is typically filed when the petitioner or guardian petitioner believes that there is not enough evidence to support the charge. The motion must include an affidavit that outlines the reasons why the petitioner believes the charge should be dismissed. There are two types of Oregon Petitioner's or Guardian Petitioner's Motion & Affidavit in Support of Dismissal: the Motion to Dismiss and the Motion to Dismiss with Prejudice. The Motion to Dismiss asks the court to dismiss the charge without prejudice, meaning the charge may be brought up again in the future. The Motion to Dismiss with Prejudice asks the court to dismiss the charge with prejudice, meaning the charge can never be brought up again.

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FAQ

Who may be a guardian or conservator? Anyone who is interested in the welfare of the incapacitated person or child may be appointed as guardian and/or conservator.

There are three kinds of guardianships. In an emergency, one can seek what is called a ?Temporary Guardianship.? These temporary guardianships can sometimes be obtained on an expedited basis.

If a Durable Guardianship is established, a parent with legal standing can request that the guardianship be vacated and the child returned to the parent's care. A parent does not have this right in a Permanent Guardianship.

A Guardian ad Litem (GAL) is a type of temporary, limited guardian who is appointed by the court to protect a party's best interests in a court case. A GAL can appear for, assist, and act on behalf of a party only in that specific court case.

Courts can impose either a broad guardianship or a limited guardianship. The powers of a guardian can range from near-complete control of the ward's finances, living situation, property, and medical care to more limited decision-making as necessary to supplement the ward's ability to care for oneself.

Conservatorship is similar to guardianship in Oregon, except that a conservator only makes decisions about the protected person's money or property.

A guardianship for an adult person must be designed to encourage the development of maximum self-reliance and independence of the protected person and may be ordered only to the extent necessitated by the person's actual mental and physical limitations. ORS 125.300(1).

What is Guardianship? A guardian is someone who is appointed by a court to protect and care for the health and well-being of an incapacitated person, or a minor child. A petition must be filed with the appropriate court, and notice given to all interested persons.

More info

Petitioner's attorney, bar no. , address, and telephone no. 1.This complete packet for Guardianship needs to be filled out as much as possible. When all the questions in your petition are complete, it must be notarized. The 1st VERIFICATION is for petitioner (1). Petition: The document you file that asks the court to appoint a guardian in a guardianship case or a conservator in a conservatorship case. The petitioner is responsible for presenting sufficient evidence to convince the clerk or jury that the respondent is incompetent. To file a "motion to accelerate:". 1. Two or more petitioners must file the petition. On how to complete the Court forms you must file.

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Oregon Petitioner's or Guardian Petitioner's Motion & Affidavit in Support of Dismissal